Video: Prosecutors fight to keep rock singer's killer in prison

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KENT, Wash. – The man convicted of raping and murdering up-and-coming Seattle rock singer Mia Zapata may be getting out of prison early.

A U.S. Supreme Court decision overturned the killer's sentence, but King County prosecutors are headed to trial to make sure he serves all of his time.

Mia Zapata has drawn a cult-like following since her death in 1993. Several movies and documentaries have been made about her career as the lead singer of the Seattle-based band "The Gits" and about her brutal murder.

KING

Jesus Mesquia

The killer had repeatedly bitten her. She was raped, and strangled to death with the strings of her own sweatshirt.

The case was a mystery for 10 years. Then DNA technology caught up to a man named Jesus Mesquia, a fisherman living in Miami.

He was convicted of the crime and sentenced by the judge to 36 years in prison – 10 years longer than the standard range because of the excessive cruelty.

Three years after being convicted of murdering Zapata, the U.S. Supreme Court ruled only juries, not judges, can hand out exceptional sentences. That means Mesquia is headed back to trial for a new sentencing.

A new jury will be seated to hear the gruesome details of what happened to Mia Zapata-to answer the question: Was it excessively cruel?

"The manner in which he took great delight in inflicting pain and suffering on her before she died, that by anyone's definition is deliberate cruelty," said Steve Fogg, Special Prosecution.

Tuesday, Mesquia was back in court getting ready for the trial. Prosecutors are determined to keep the lengthy sentence as is.

"When someone's not just murdered, but murdered in an extremely painful and inhumane way, there is an extra price to be paid for that," he said.

In a strange twist in the hearing, Mesquia told the judge he doesn't want to get out of prison early, that the exceptional sentence is fine with him. His lawyers said they don't know why he feels that way, but they'll be exploring that in the weeks to come.

A trial date has not yet been set. Defense attorneys told KING 5 they will fight to get Mesquia out early, saying 26 years is long enough for his crime.