Montalvo brother gets stay of execution By RICK LEE Daily Record/Sunday News Updated: 02/22/2011
York, PA - A federal judge has issued a stay of execution for Milton Montalvo, who was convicted of two first-degree murders in York County.
He was scheduled for execution Wednesday.
As one of his last acts in office, Gov. Ed Rendell had signed a death warrant for Montalvo, 48, for the 1998 slayings of Miriam Asencio, 44, his estranged common-law wife, and her friend, Manuel Ramirez Santana, 37, in York.
Montalvo's brother, Noel Montalvo, 46, is on death row for the same murders.
Milton Montalvo filed for a stay in U.S. Middle District Court pending his federal appeal, and Chief Judge Yvette Kane granted the request.
Kane appointed the Capital Habeas Unit of the Federal Community Defender Office for the Eastern District of Pennsylvania to represent Montalvo in his appeal. That appeal is to be filed by Oct. 4. Kane said no filing extensions will be granted without good cause.
More about the case: According to trial testimony, Milton Montalvo and Asencio had come from Puerto Rico together. When Noel Montalvo and his wife followed in 1997, they stayed with the couple for four months.
On April 19, 1998, after Milton Montalvo and Asencio had parted ways, the Montalvo brothers forced their way into Asencio's apartment and killed her and her guest.
The brothers fled the state after the killings. Milton Montalvo was arrested in Miami in January 1999, when he was picked up in a Super Bowl prostitution sting.
Noel Montalvo remained at large until his arrest in New Jersey in August. Police raiding his apartment found the younger Montalvo hanging naked out of a second-story window.
Rendell signed Noel Montalvo's death warrant in July 2009, and scheduled the execution for Sept. 23 of that year. The execution was stayed by appeals to federal court.
In a letter to the Legislature before he left office, Rendell noted only three executions have been carried out since the death penalty was reinstated in Pennsylvania in the late 1970s.
One of those was Keith Zettlemoyer, a York County man who had been convicted in 1980 of killing of a man scheduled to testify against him in a robbery trial.
Zettlemoyer had waived his final appeals and asked that his sentence be carried out. He was executed in May 1995.
Stay of execution granted for York City double murderer ELIZABETH EVANS The York Dispatch Updated: 02/11/2011 10:45:34 AM EST A federal judge on Thursday granted a stay of execution to a York County... more
PA: Montalvo brother gets stay of execution Petra.,Wed Feb 23 13:35