Court to hear death sentence appeal

By Associated Press

Oklahoma City – OKLAHOMA CITY (AP) A Cuban immigrant sentenced to death for the 2003 shooting death of his common-law wife wants the Oklahoma Court of Criminal Appeals to overturn the penalty.

Oral arguments are set for Tuesday in the case of Carlos Cuesta-Rodriguez. The 54-year-old Cuesta-Rodriguez was convicted of first-degree murder and sentenced to death for the May 31, 2003, fatal shooting of Olimpia Cardina Fisher at their southwest Oklahoma City home.

Prosecutors say evidence indicates he shot the 47-year-old Fisher in the eye, then waited about eight minutes before firing the fatal shot into the other eye.

Defense attorneys say Cuesta-Rodriguez had been depressed since leaving his family in Cuba in 1980 and acted in the heat of passion when he shot Fisher during an argument about their unraveling relationship.