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Cook County judge postpones decision on fate of David Biro, who murdered Winnetka neighbors

Cook County judge delays ruling on fate of convicted killer David Biro 01:26

CHICAGO (CBS) -- A Cook County judge will wait until the end of the month to decide whether convicted killer David Biro should get a new sentencing hearing in the murders of his neighbors more than 20 years ago, when he was 16 years old.

Biro was sentenced to life in prison for the 1990 murder of his neighbors Nancy and Richard Langert and their unborn child.

He was a junior at New Trier High School at the time of the murders, but a lot has changed since then as far as sentencing laws are concerned, and his defense attorney is seeking a new sentencing hearing.

On Friday, a Cook County judge said needs more time to rule on the request, and pushed back a decision until April 29.

The question of Biro's eligibility for resentencing comes after a judge ruled in 2015 that Biro can't be resentenced for the unborn baby's death.

In that earlier ruling, a judge determined that Biro's "discretionary" life sentence for the intentional homicide of an unborn child was not covered by a 2014 Illinois Supreme Court ruling granting new sentencing hearings to people sentenced to life in prison for murders committed when they were under 18.

The ruling by state's high court was based on a 2012 U.S. Supreme Court case that declared mandatory life sentences "cruel and unusual" when issued to convicts who were children when they committed their crimes.

Biro's attorney has said he believes all life sentence cases for defendants who were minors at the time of their crimes deserve another look, and that's what they're hoping for in this case.

Langert's sister told CBS 2 in 2016 why this so tough for her family.

"We're trying to make sure the victims' family, whose lives are being ripped open, at least can prepare themselves," she said. 

The ruling in the upcoming hearing could set precent for future Illinois and U.S. Supreme Court rulings in cases involving life sentences for defendants who were minors when they committed a crime.

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