Brett Pensinger, a teen-aged killer who was sentenced to death for the kidnapping and murder of a five-month-old more than 30 years ago, won't be executed after the Ninth Circuit overturned his death sentence on Tuesday. In 1981, the 19-year-old Pensinger kidnapped a San Bernadino infant and her brother. The brother was dropped off unharmed, but the infant was found murdered and mutilated.
Pensinger was subsequently convicted of murder, with a kidnapping and torture enhancement, and sentenced to death. However, the jury was given improper instructions, leading to the overturning of his sentence many years later.