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Flavio Santisteban is back in court after his original 36-year sentence for vehicular manslaughter was overturned when a Broward judge cited jewish tradition in his sentencing. NBC 6's Hank Tester reports.
The driver of a gas tanker that exploded in a fiery 2005 Turnpike crash, claiming four lives, was back in court after his original sentence was overturned.
Flavio Santisteban, 41, was originally sentenced to 36 years in prison after being convicted of vehicular manslaughter. His sentence was overturned after Judge Jeffrey Steitfeld, citing Santisteban's lack of remorse, mentioned Jewish tradition while imposing the sentence.
He is now being tried again with Judge Michael Rothschild in Broward County Court.
Defense lawyers argued that the new judge does not have to follow the previous judge's sentence.
Former corrections officer Evelyn Daniels testified, addressing the issue of lack of remorse.
"Basically he was not responsible for it and that is why he was fighting for his innocence," Daniels said.
However, the state prosecutor said it was Santisteban's fault.
"He failed to maintain a single lane with a commercial vehicle coupled causing the tanker to overturn pining the victims against the guard rail where they had no opportunity to escape," the prosecutor said.
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