a judge denied a petition to recall the death sentence against richard alan davis. today his attorney cited changes in the law as well as governor gavin newsom putting a moratorium on the death penalty. well, recess tossie was covering this story for us and joins us live now from the newsroom with more details on what happened in court to resign. well, stephanie was a very tense morning in court for those gathered in a santa clara courtroom. at issue, the sentence for richard alan davis. >> dave, a slip through the cracks. several decks decades ago after he kidnapped polly during a sleepover at her own home. sheriff's deputies helped him with his car, got stuck, not tying him to the murder. until months later, allen had a lengthy criminal record before he murder polly and those crimes revert to a sentencing happens. pence led to his death sentence. however, a recent bill changed enhancements, hence giving allen the chance at a re sentencing. the judge after some consideration denied his request. this is polly's father marc klass. >> hopefully hopefully it's over. yo