COMING UP. AN INCREDIBLE TWIST IN THE MURDER TRIAL OF ACCUSED DEPUTY KILLER MICHAEL ASTORGA. HIS TRIAL HAS NOW BEEN DELAYED INDEFINITELY AS THE PROSECUTION AND DEFENSE DECIDE THERE IS ANOTHER ISSUE THAT TAKES PRECEDENCE. AND IT'S AN ISSUE THAT COULD CHANGE THE WAY DEATH PENALTY CASES ARE HANDLED ALL OVER THE UNITED STATES. SHELTON DODSON IS LIVE OUTSIDE DISTRICT COURT WITH OUR TOP STORY... SHELTON: ASTORGA'S DEFENSE ATTORNEY GARY MITCHELL IS A STANCH OPPONENT OF THE DEATH PENALTY. HE BELIEVES THAT A 'DEATH QUALIFIED'JURY IS MORE APT TO NOT ONLY FIND DEFENDANTS GUILTY BUT THEN SENTENCE THEM TO DIE. IT'S A NATIONWIDE DEBATE THAT HAS NEVER REALLY BEEN CHALLENGED IN COURT... BUT NOW DISTRICT ATTORNEY KARI BRANDENBURG IS ABOUT TO DO JUST THAT. AND THAT WAS AN UNEXPECTED BOMBSHELL INSIDE DISTRICT JUDGE NEIL CANDELARIA'S COURTROOM THIS MORNING. SINCE MICHAEL ASTORGA MAY FACE THE DEATH PENALTY HIS CASE REQUIRES A JURY BE DEATH QUALIFIED... MEANING EACH JUROR WOULD AT LEAST CONSIDER A DEATH...