WILKES-BARRE — The last remaining killer from Luzerne County to await execution is officially off death row.
After spending the past 23 years appealing his death sentence for molesting and strangling his 3-year-old niece, Michael Bardo, now 46, was resentenced Tuesday to life in prison without the possibility of parole.
“This case has lingered through the appeal process and the state court system — and into the federal system — for the past 23 years, routinely tearing open the old wounds associated with revisiting the death of this young, beautiful little child,” Assistant District Attorney Jarrett Ferentino said after the hearing. “We have a disposition here that ends all of that.”
The move takes the death penalty off the table for the last Luzerne County defendant who was still facing it. It has been more than 77 years since an inmate from Luzerne County was actually executed.
According to prosecutors, the murder took place in September 1992 after Mr. Bardo came home drunk and found Joelle asleep on a couch with his mother. Mr. Bardo ate some soup and bread, began to molest the sleeping child, then choked her to death when she began to whine, prosecutors say.
He later wrapped the girl’s body in a garbage bag and threw her body into a South Wilkes-Barre creek.
A Luzerne County jury convicted Mr. Bardo of first-degree murder and sentenced him to die in 1993 — the last time a Luzerne County jury imposed a death sentence.
After years of appeals, Mr. Bardo won a new penalty phase in December 2014. The Supreme Court split on whether a lower court erred in granting Mr. Bardo a new sentencing hearing. Several justices found it “highly unlikely” a jury would have given him life based on expert testimony that Mr. Bardo had a personality disorder, while others said the testimony could have had an impact on the sentence.
During a resentencing hearing Tuesday morning, Mr. Ferentino said Joelle’s mother, her sole surviving relative, requested prosecutors “not to tear open this old wound.”
He requested Luzerne County Judge Joseph F. Sklarosky Jr. resentence Mr. Bardo — who has agreed to waive all future appeal rights — to life in prison without the possibility of parole.
Mr. Bardo spoke only briefly during the hearing, saying “Yes, your honor,” when asked if he agreed to give up his right to further appeals.
Judge Sklarosky agreed to the resolution and ordered Mr. Bardo to serve life in prison without parole.
After the hearing, defense attorney William Ruzzo said Mr. Bardo had thought about his actions for nearly 25 years and that he is now a “completely different person.”
Mr. Ferentino said that had prosecutors pursued a new penalty phase and won a verdict of death once more, that would have triggered a new round of appeals that could have left the case in limbo for decades more. The agreement puts an end to all of that, he said.
“This man will die in the hands of the state, but not at the hands of the state,” Mr. Ferentino said. “It’s not easy when you’re dealing with a child to forego that ultimate punishment, but it’s the right thing when the family is on board and considering the history of this particular case.”
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