A Former Pennsylvania Death Row Inmate Goes Free After Prosecutors Drop Charges – Noel Montalvo

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In an amazingly shocking turn of events in York, Pennsylvania, Noel Montalvo, who was formerly on death row, has been released from prison after murder charges related to a 25-year-old double murder were dismissed.

In April 1998, Noel and his older brother, Milton Montalvo, were convicted of the murders of 44-year-old Miram Asenco, Milton’s ex-girlfriend, and 37-year-old Manual Ramirez Santana.

Noel, now 59, was released after York County prosecutors dropped charges of first-degree murder, conspiracy, and burglary just before a retrial was set to begin. Instead, he pleaded guilty to an evidence tampering charge and received a year of probation. Noel expressed his eagerness to return home, reunite with his family, and getting adjusted to life outside of prison.

Marshall Dayan, the head of Pennsylvanians for Alternatives to the Death Penalty, said that Noel “steadfastly maintained his innocence.” He also stated that the original conviction “evidences the arbitrariness, if not the discrimination, inherent in our criminal legal system, and in particular in our capital criminal legal system.

His attorney, Rick Robinson, said

“We’re very happy with the outcome of the case.”

He emphasized the lack of forensic evidence tying Noel to the murders. The dismissal of charges was based on an “exhaustive” review of evidence and new DNA tests that failed to link Noel to the crime scene.

District Attorney David Sunday Jr. highlighted the contrasting evidence against Milton and Noel. The evidence against Milton included DNA evidence and strengthened the basis for his murder convictions, however; the case against Noel lacked hard evidence, and instead relied on witness testimony that changed over time.

“No reliable evidence existed at this point to actually tie Noel Montalvo to participating in the homicides with his brother.”

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An “exhaustive” review of evidence, and new DNA tests, revealed none of Noel’s DNA at the crime scene.

“Given the lack of any forensic evidence tying Noel Montalvo to the murders and the lack of reliable witnesses concerning the homicide charges, a plea to tampering was the only fair, just, and ethical result for this case.”

In 2017, a judge denied a bid for a new trial, but overturned the death penalty against Milton and order a new sentencing hearing. However, Milton ended up dying in prison while waiting for his new sentencing hearing.

“further forensic testing greatly strengthened the basis for Milton Montalvo’s murder convictions.”

Attorney Sunday said,

“(officials) must never forget the toll that our criminal justice system can take on victims of crime, and we need to make sure that we utilize every resource possible to ensure that the truth is revealed, and justice is pursued.”

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