Prosecutors ask judge reverse order releasing murderer from jail before sentence

Prosecutors ask judge reverse order releasing murderer from jail before sentence

Prosecutors urged an Alabama judge on Friday to reverse his order releasing a convicted murderer from jail on $100,000 bond as he awaits sentencing next month.

David Hernandez-Cordero, was convicted Thursday of murder charges by a Mobile County jury.

But on Friday, Mobile County Circuit Court Judge Edward McDermott ordered Hernandez-Cordero released from jail after the judge withdrew his adjudication of the guilty verdict, according to court documents. The judge did not provide reasoning for his decision.

“Court withdraws adjudication of guilty [verdict.] Therefore [Hernandez-Cordero] is ordered released from the Mobile County Metro Jail on his original bond of $100,000,” McDermott’s order read.

In the order, the judge also set Hernandez-Cordero’s sentencing for Nov. 28, when McDermott will judge the defendant guilty, according to Fox 10, which first reported the story.

Mobile County prosecutors filed a motion Friday urging McDermott to reconsider his order, claiming “there is no apparent legal or factual basis for the court’s order withdrawing an adjudication of guilt.”

Prosecutors said judges have the discretion to make that order but only in cases where defendants are facing 20 years or less in prison — Hernandez-Cordero is facing at least 20 years in prison when he is sentenced — and “if the charging instrument does not charge an offense, or if the court was without jurisdiction of the offense charged.

“The charging instrument in this case charges the offense of murder, and this honorable court clearly has jurisdiction over that offense,” the motion stated.

In a motion ordering Hernandez-Cordero’s bond be revoked, which McDermott denied, prosecutors noted he violated the terms of his bond while he was awaiting trial by leaving Alabama for Florida.

They also said victim Tracie Dennis was brutally killed: she was shot twice, stabbed seven times, beaten and strangled on Dec. 16, 2019.

Prosecutors allege Hernandez-Cordero helped his co-defendant, Marcos Oslan, kill Dennis. Oslan pleaded guilty to murder charges in September and was given a 30-year sentence.

Dom Soto, Hernandez-Cordero’s attorney, alleged prosecutors insinuated his client’s Puerto Rican heritage was used by prosecutors to claim he was a flight risk.

“This guy is from Puerto Rico. And he’s been treated like he’s member of the M-13 from El Salvador,” Soto told Fox 10.