28 June 2010 :

The Florida Supreme Court has ordered a new sentencing hearing for Victor Caraballo. In a 6-1 opinion, the justices ruled Caraballo's judge erred by allowing a mental health expert to testify against him during the penalty phase of his trial in 2007. The high court, though, unanimously upheld his convictions for rape and murder in the April 27, 2002 abduction of Ana Maria Angel. Caraballo, 42, admitted he was 1 of 5 men who attacked Angel, 18. Caraballo was not the triggerman but participated in the attacks. Jurors convicted him in April 2007 on a slew of charges, including first-degree murder, kidnapping and sexual battery. Claiming he was mentally ill, Caraballo at the time of his conviction asked for the death penalty and jurors recommended it by a vote of 9-3.  Three of the men involved in the attack have been convicted. Awaiting trial: accused shooter Joel Lebron, and Hector Caraballo, Victor's brother. Both face the death penalty if convicted.