JACKSONVILLE, Fla.-- For the first time, Action News is showing you the evidence that may set a once-convicted murderer free.
"I did not kill Miss Delores," said Randall Deviney in 2008. He told police over and over again he did not kill Delores Futrell.
Futrell was known as the neighborhood grandmother. She was murdered in her own home. Deviney was convicted and sentenced to death, but a State Supreme Court said police coerced his confession. Now Action News has the video. "I'm ready to go. I did not do that," Deviney told police in 2008.
Deviney told investigators multiple times he was done talking, but police still continued to question him. They told Deviney they have DNA evidence and that he's now a suspect in a homicide. They didn't re-read him his Miranda rights. The court said that was the problem.
"You all said I could go when I felt like it," said Deviney.
"Now we're legally detaining you. You're not free to go," said the detective.
We showed the tape to legal expert Dale Carson. "He said I'm done, I want to go home. They refused to let him go and that was him invoking his right to remain silent," said Carson.
Now this once-convicted murder may go free. His confession is out.
"Don't feel bad or scared, you can tell us," detectives told Deviney. "When I was there, it wasn't me. It wasn't me," said Deviney.
We did get a statement from the sheriff on the overturned conviction. He said "From what I've been told, I know the suspect was given a Miranda warning and never asked for an attorney. I don't believe the state supreme court got this one right, and an appeal may be appropriate."
A spokesperson for the State Attorney's Office says it is still talking with the Attorney General's office to determine how to best move forward with the case.
