EL PASO, Texas -- His attorney explained to KFOX why he should get that chance.

"Twice now your community has decreed that you should die for what you did to Alexandra Flores. In accordance with the law in the jury verdict, I hereby impose the death penalty and sentence you to death by lethal injection," said Judge Mary Ann Bramblett.

Convicted child killer David Renteria heard his death sentence for a second time. But his attorney said it may not be the last time he goes to court.

"If this case gets reversed, we go to trial again," said defense attorney Jaime Gandara. Gandara said there are two parallel motions to save Renteria from death. One is automatic and always comes with a death sentence. The other comes from Gandara's request for a mistrial, a chance to start over. Because , Gandara said, in neither of his two sentencing hearings did District Attorney Jaime Esparza bring up Renteria's remorse.

The question is ultimately whether remorse is an issue or not. Here's why: when Renteria was in police custody, Gandara said he told police, "I want to mention my deepest sympathy for the family. It is a tragedy that should never have happened."

Gandara believes if the juries heard the rest of that discussion, they would have also heard Renteria say he was put up to kill Alexandra Flores by members of the Azteca Gang to get back at her father. And that could have saved his life.

"If you bring in that statement there are other parts of it that come in also and it changes the nature of the trial," said Gandara.

Gandara hopes bringing this information before the Court of Appeals will get Renteria off death row and back in a local court to start over. Which means putting the Flores family, Renteria's family and the public through the gruesome details for a third time.

"If I can take it again. Why shouldn't everyone else. I have to stand with him and walk through it," said Gandara.

When we asked Esparza last week why the remorse statement was never admitted into the trial or the sentencings, he told us he felt the statement showed empathy, and not remorse.

This latest resentencing for Renteria took 10 days and forced the sequestering of the jury in a local hotel for the entire time. A total cost to taxpayers has not yet been released.