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Published January 14, 2014, 01:10 PM

Judge rules killer of Kathleen Wrigley's cop brother will not be executed

BISMARCK – Kathleen Wrigley, wife of North Dakota Lt. Gov. Drew Wrigley, has learned her brother’s killer will not be executed.

By: Robin Huebner, Forum News Service

BISMARCK – Kathleen Wrigley, wife of North Dakota Lt. Gov. Drew Wrigley, has learned her brother’s killer will not be executed.

Kathleen, formerly of Fargo and now of Bismarck, found out Monday night that the death sentence has been vacated against the man who in 1991 shot and killed her only sibling, rookie Philadelphia police officer Daniel “Danny” Boyle.

Kathleen said her family will make a statement later today.

John J. McNesby, president of Lodge 5 of the Fraternal Order of Police, told the Philadelphia Inquirer that Kathleen’s family was “obviously upset.”

Edward Bracey has been on death row in Pennsylvania since 1992.

His sentence for killing Boyle is now life in prison without parole.

Judge M. Teresa Sarmina ruled the death penalty cannot be enforced against Bracey because she finds him mentally retarded.

The judge’s decision was based on a 2002 U.S. Supreme Court ruling that said the death penalty is unconstitutional for anyone defined by the state as being mentally retarded.

The Philadelphia District Attorney’s office said it will consider appealing Sarmina’s ruling, but will wait to study it first.

Kathleen Wrigley’s parents, Patrick and Nancy Boyle, will appear at a news conference today in Philadelphia, along with the president of the local Fraternal Order of Police.

Patrick Boyle, who is a 35-year-veteran of the Philadelphia Police Department, will read a statement from the family at that time.

Lt. Gov. Wrigley prosecuted North Dakota’s only federal death penalty case in 2006-2007.

Alfonso Rodriguez Jr. was found guilty of kidnapping and killing University of North Dakota student Dru Sjodin. He was sentenced to death and is currently appealing the decision, alleging he is mentally retarded.

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