PEORIA, AZ (CBS5) -
A Peoria man has been found guilty of three counts of first-degree murder in the deaths of his wife and two stepchildren.
The jury in David Anthony's retrial reached the verdict Tuesday morning in the murders that happened 10 years ago.
The courtroom was packed to hear the verdict but David Anthony was not there.
"The defendant began experiencing some health issues (yesterday) that prevent him from being here," Maricopa County Superior Court Judge Janet Barton said.
Through his attorney, David Anthony waived his right to be there when the verdict was announced.
"He's in the hospital with chest pains," the defense attorney Bill Little said. "We don't know how much longer, honestly, he's going to be alive."
David Anthony was convicted and sentenced to death, but the state Supreme Court tossed the verdict, ruling that prosecutors didn't have enough evidence to push a motive claiming that he did it all to cover up molesting his stepdaughter.
He was convicted without their bodies being found. It wasn't until construction crews unearthed metal drums full of acid three years later that police found Donna Anthony, her 14-year-old daughter and 12-year-old son.
Little said the verdict surprised him.
"We respect their verdict, even if we disagree with it, we respect it," Little said.
Prosecutor Vince Imbordino had little to say since the jury still has to sentence David Anthony.
"We're satisfied at this point but we have other phases to deal with and so I really can't say any more than that," Imbordino said.
David Anthony maintains his innocence.
During the trial, his defense attorney tried to pin the murders on Sam Romero, Donna Anthony's ex-husband and the father of her children.
Romero was in court today but refused to talk after the verdict.
David Anthony could get the death penalty.
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