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New Jury Will Decide Alfaro’s Sentence : Courts: Retrial of penalty phase in murder of Anaheim child will begin after a case the judge is hearing is completed, in about three weeks.

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TIMES STAFF WRITER

A new jury will decide whether convicted child-murderer Maria del Rosio Alfaro should go to the gas chamber, a judge ruled Thursday.

A jury last month found Alfaro guilty of burglary, robbery and stabbing to death 9-year-old Autumn Wallace in the girl’s Anaheim home, in order to silence the only witness to the crimes.

On Wednesday, the same jury announced that it was deadlocked 10 to 2 in favor of the death penalty for the 20-year-old mother of four.

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In scheduling a retrial of the penalty phase, Superior Court Judge Theodore E. Millard told lawyers for both sides that they should be ready to select a new jury within two days of completion of the case he is now hearing. That case is expected to last about three weeks.

Lawyers estimated that the second penalty phase would run three to four weeks, since a new jury will have to hear an abbreviated version of both the guilt and penalty phases of the first trial in order to decide between a death sentence and life in prison without parole.

Autumn Wallace’s mother, Linda Wallace, said she was glad the penalty phase would be retried promptly.

“I hope this jury is better, not so indecisive,” she said, reiterating her desire that Alfaro be sentenced to death.

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