"While neither side disputed that Chatman killed LoBue with his toddler son in tow prosecutors moved to settle the case by petitioning the Superior Court to drop a special circumstance allegation of torture Chatman was convicted of in 1993. Under the agreement, Chatman, who was taken off death row last year as part of a landmark resentencing initiative by District Attorney Jeff Rosen, would have been resentenced to 25-years-to-life and made parole eligible."
"LoBue's surviving siblings balked at the proposal, saying they were assured last year by Rosen that taking Chatman off death row would still end with him dying in prison. After a Friday court hearing, in which Judge Eric Geffon said approving the agreement exceeded his authority under a 2022 law change, Tony LoBue and his sister Marie audibly exhaled. We feel that finally, the wheels of justice are starting to turn in our favor, Tony LoBue said outside the courtroom."
A Superior Court judge refused a proposed settlement that would have dropped a torture special-circumstance allegation against Erik Chatman and made him eligible for parole. Chatman was convicted of killing Rosellina LoBue in 1987 with his toddler present and was taken off death row last year under a resentencing initiative. LoBue's surviving siblings objected, saying they had been assured Chatman would still die in prison. The judge said approving the agreement exceeded his authority under a 2022 law change. Chatman filed habeas corpus and Racial Justice Act petitions alleging ineffective counsel, misconduct and racial bias.
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