JACKSONVILLE, Fla.-- A local man convicted of killing a woman will get a new trial.
The Florida Supreme Court threw out the murder conviction. Delores Futrell was a local grandmother. In 2008, she was stabbed to death in her own home. Before a suspect was arrested, Futrell's daughter Jacki Blades pleaded for justice.
Two years after Futrell's death, Randall Deviney was convicted and sentenced to death. Now, he has a second chance at freedom. The state supreme court overturned his conviction Thursday, saying police coerced his confession.
Futrell's daughter is at a loss for words. "He clearly confessed to the crime," she told Action News by phone.
That confession is now out. Deviney's attorney told Action News, "The confession was a big part of the case. It's going to be a difficult case for the prosecution without that," said public defender Greg Messore.
Now Futrell's daughter is questioning the legal system. She has to relive her mother's murder again and hope this costly mistake by police doesn't put Deviney back out on the street.
Deviney's attorney tells Action News he'll be transferred to the Duval County jail sometime in the next couple of weeks. Then, he will be brought back here to court for a new arraignment, with a possible trial in the next two months. Futrell's daughter says she'll be there for it.
The state attorney's office says it is reviewing the opinion and will take the appropriate action.
JSO issued a statement one day after the ruling. Sheriff John Rutherford wrote:
"I am reviewing the Court's decision and how the interrogation was conducted. From what I've been told, I know the suspect was given his Miranda warning and never asked for an attorney. But I want to study both the case and the decision closely, and confer with Ms. Corey because from what I know at this time, I don't believe the State Supreme Court got this one right and an appeal may be appropriate. If we are in agreement they did not, we may need to ask another court for their opinion."
