Convicted Murderer Retains Attorney

Convicted, retained the prominent criminal attorney, Edward Sousa, on Tuesday morning and will now appear in court Dec. 22 for a possible sentencing or a motion for a new trial.

During a hearing before Santa Clara County Superior Court Judge David Cena, Sousa received the extra time he wanted to review 24,000 pages of documents, 281 CDs and 96 DVDs related to the high-profile, murder-for-hire case.

Sousa has argued he wants to carefully review all information related to the case before he determines what motions he'll file, which could include a motion for a new trial.

Santa Clara County District Attorney Jeff Rosen prosecuted the case. He has opposed giving Sousa the additional time and has asked for Garcia's sentencing to occur as soon as possible.

Sousa began representing Garcia in March after his attorney of almost three years, , was allowed to withdraw from the case, citing an unknown conflict of interest. Robertson walked away from the case two weeks before Garcia was scheduled to be sentenced.

"I have a professional, legal and ethical obligation to be confident, diligent, prepared and be a conscientious advocate for Mr. Garcia ... I have a legal obligation to review the massive amount of documentation related to this case," Sousa has said. 

killed the morning of March 14, 2008, in front of his Los Gatos townhouse after becoming involved in a dangerous love triangle that authorities say cost him his life. 

Achilli sold  to Garcia, and then, according to police and prosecutors, Garcia ordered his killing after becoming enraged when a woman they had both dated chose Achilli over him.

The four men authorities believe were involved in the murder-for-hire killing have all been prosecuted by the law. Three, including shooter Lucio Estrada, middleman  and the believed mastermind, Garcia, were convicted of first-degree murder by juries.

Estrada has been sentenced to life in prison without the possibility of parole, and 

Meanwhile, a civil suit brought against Garcia and the other men convicted of Achilli's murder in May is now lagging behind. 

The wrongful death suit filed by Achilli's daughter, Alexandra, and widow, Michele, alleges negligence, assault, battery and intentional and willful misconduct on the part of each of the defendants, and seeks an unspecified amount in damages, according to attorney Ram Fletcher, with the San Jose law firm of Bohn & Bohn.

Because of the delay in Garcia's sentencing, Fletcher said, there's really no movement on the suit until there's a resolution with his legal representation and sentencing.

According to Fletcher, the suit doesn't specify how much it wants in compensatory damages, but it's seeking damages for emotional distress, loss of support and other economic losses. 

"I expected there would be proceedings after Mr. Garcia's conviction and understand there is a process that needs to be exhausted in the criminal court. However, I am confident the jury's verdict will be upheld and look forward to continuing the effort to bring justice to the Achilli family when the circumstances permit. Hopefully Mr. Garcia will be sentenced in December without further delay and the criminal aspect of this case can be put to rest," Fletcher said in an email responding to the new court date.