The in 2009 will not face the death penalty, according to San Mateo County District Attorney Steve Wagstaffe.
Earlier this month prosecution and the defense met to discuss whether or not the death penalty would be sought in the case of . Alfred Giannini is the deputy district attorney prosecuting the case; Hutchinson's court-appointed defense attorneys are James Thompson and Richard Keyes.
On April 11, 2012 , 24, testified in San Mateo County Superior Court that the defendant had a troubled youth and possible mental illness.
This is a three-strikes, life without parole case. Previously, Hutchinson was convicted by a jury in Yolo County for a residential burglary and was also on probation for battery and making criminal threats on a victim at the San Mateo Caltrain station.
On June 2, 2009, Hutchinson, a transient, on Hallmark Drive in Belmont, robbed and beat him and then drove away in Korn's 2004 Jaguar. He was caught two days later in West Sacramento while committing a residential burglary.
Korn died of his injuries on June 17, 2009.
San Mateo Superior Court Judge Mark Forcum will file the prosecution's decision not to pursue the death penalty on Friday morning. He will also set a jury trial and pretrial date.