Page 3 of 4 FirstFirst 1234 LastLast
Results 21 to 30 of 33

Thread: Randall Trey Deviney - Florida Death Row

  1. #21
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    Jail recordings of Cherish Perrywinkle's accused killer released

    72 hours of conversations between Donald Smith and 2nd inmate recorded

    JACKSONVILLE, Fla. - As Donald Smith awaits trial on charges that he kidnapped, raped and murdered 8-year-old Cherish Perrywinkle in June 2013, News4Jax has obtained 72 hours of recordings of secret jailhouse conversations of Smith and another defendant who was awaiting prosecution for murder and is now on death row.

    In all, police recorded more than 74 hours of conversations and noises using a hidden microphone placed in the utility space between the isolation cells of Smith and Randall Deviney in the Duval County Jail.

    Police started the secret recordings after Deviney told prosecutors he had information about another murder that he said involved Smith.

    News4Jax has listened to the audio and found one conversation in which inmates were talking about how girls as young as 12, are dressing up to look like grown women. (Warning: The conversations contain graphic language.)

    "There was two females with … Wesley. And, I don't know, I can't tell you how old these girls were you hear? But man, this one looked like 12, 13, 14 at the most you hear? Big a**, cantaloupe-sized, t******...and got an a** that make Coco..."

    "...look like s***, you hear? You can sit a wine glass on top of this girl's a**, you hear me? It'd sit perfectly. This b**** has fake eyelashes, fake nails, fake hair. Look like a grown a** woman, you hear?"

    The identity of the person talking is unclear. But the recordings do include audio of Deviney, who, during his prosecution, claimed to have information about a rape and murder that happened before 8-year-old Cherish was killed.

    Deviney said that the other rape and murder was committed by Smith.

    Deviney told the State Attorney's Office he had information that Donald Smith had committed the prior rape and murder, but at the time, the State Attorney's Office said it wasn't interested in considering Deviney’s testimony to reduced his sentence. They believed that Deviney was just making up information, trying to get a plea deal for himself to avoid a death penalty.

    After the State Attorney’s Office listed the recordings as evidence it plans to use against Smith, Smith’s attorneys asked the Court to seal the recordings to prevent the public from hearing them. The Court agreed to seal portions of the recordings because they are exempt from public records laws and might contain confessions. The remainder should be public, the court said.

    The State Attorney's Office on Tuesday released the remaining portions of 72 hours’ worth of recordings.

    If there were any confessions on the recordings, they would be exempt from disclosure.

    News4Jax is continuing to review the recordings to see what else they might contain.

    In court Wednesday morning, Smith's lawyer argued a motion to suppress all the audio, which would not allow it to be used as evidence in Smith's trial.

    Smith’s attorneys are arguing that Deviney worked as “an agent” of the state, trying to entrap him into making admissions about various crimes, which could violate Smith’s right against self-incrimination. The State denies that Deviney was working with law enforcement.

    The judge took those arguments under advisement and set another hearing for 9 a.m. on May 26.

    http://www.news4jax.com/news/jail-re...iller-released

  2. #22
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Related:

    Donald Smith's lawyer wants jail recordings blocked


    Inmate claimed accused killer of 8-year-old admitted to another murder

    By Heather Leigh
    News4JAX

    JACKSONVILLE, Fla. - The defense team for the man accused in the 2013 kidnapping, rape and murder of 8-year-old Cherish Perrywinkle want recordings of jail conversations between Donald Smith and another inmate to be blocked from being used in Smith's trial.

    The conversations between Smith and convicted murderer Randall Deviney were recorded while the two were in adjoining cells in the Duval County jail.

    Smith’s new attorney, Charles Fletcher, has filed a motion to suppress the recordings, which captured 72 hours of conversations between Smith and Deviney, claiming that they were obtained unlawfully, without a warrant.

    At a hearing before Judge Mallory Cooper on the motion Thursday, State Attorney investigator Robert Henson testified that he received information that a confidential informant wanted to provide information about Donald Smith. He said the informant said

    Smith and Deviney were communicating through vents in the jail and that htey planned to be "disruptive to court proceedings."

    Henson said that investigators put a sensitive piece of recording equipment in the vents to catch the conversations between Deviney and Smith, and the recordings ran for 72 hours.

    While he awaited retrial, Deviney sent a handwritten letter to the state attorney's office saying that Smith told him about a previous rape and murder that he committed, and Deviney was willing to trade that information for a lighter sentence in his murder case.

    The state attorney's office has said it thinks Deviney was lying about another case to benefit himself. Deviney has since been reconvicted and resentenced to death for killing Delores Futrell in 2008. Smith's trial date has not been set.

    Smith's attorneys argued last year that since he signed a form the day after his arrest saying that he would not speak to police, and his lawyers said Deviney was acting as an agent of the police, Smith should have been read his rights.

    DOCUMENTS: Donald Smith's motion to suppress |

    Randall Deviney's letter to state attorney's office


    "You can expect this case will continue to take time," said Gene Nichols, an attorney not affiliated with the case. "And now with this Deviney issue that's been thrown in ... they've got to work through all of this."

    Nichols predicted the case could go to trial next year.

    http://www.news4jax.com/news/local/j...rdings-blocked
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #23
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    RANDALL DEVINEY v THE STATE OF FLORIDA

    In today's Florida Supreme Court orders, the court AFFIRMED his conviction, vacated the sentence of death and remanded for a new penalty phase.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #24
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Prosecutors again ask for death for man who slit neighbor's throat

    Randall Deviney convicted, sentenced to death twice before in brutal slaying

    By Elizabeth Campbell and Chris Parenteau
    News4JAX.com

    JACKSONVILLE, Fla. - Prosecutors spent Wednesday trying to convince a Duval County jury that a man convicted and sentenced to death twice in a 2008 brutal murder of a neighbor who let him do handy work at her home should be returned to Death Row.

    It's the third jury that has been asked to sentence Randall Deviney to death in the murder of 65-year-old Delores Futrell.

    The dialysis technician and mother of four was described in court as loving life and having a thirst for knowledge.

    "A person like my mom should have died a peaceful death," said Jacquelynn Blades, Futrell’s oldest daughter.

    Before calling the witnesses to the stand, prosecutors presented evidence and testimony in an effort to convince the jury panel that Deviney's crime was heinous enough to warrant the death penalty.

    But in August 2008, when Deviney was 18 years old, he slit Futrell’s throat and beat her during an attempted burglary, prosecutors said.

    According to court documents, an officer responding to a 911 call from Futrell's townhome found her in a "sexual position." Deviney later told a psychologist that he placed her that way to make it look like someone else killed her. Investigators found no physical evidence that Futrell had actually been raped, court records show.

    READ: Details of murder from court documents (Warning: graphic content)

    According to detectives investigating the murder scene, evidence showed that Deviney cut Futrell's throat near a Koi pond in the backyard before dragging her inside the home and trying to cover up the murder by making it appear to have been a sexual assault.

    The autopsy showed that Futrell had struggled with her attacker before her throat was cut and that the wound sliced her larynx, preventing her from breathing, and she bled to death, according to court records. The Medical
    Examiner also found evidence that Futrell's killer had tried to strangle her either after she was dead or while she was still dying from her neck wound.

    DNA found under Futrell's fingernails was matched to Deviney by analysts from the Florida Department of Law Enforcement.

    Deviney claimed he just snapped while talking with Futrell one day, but prosecutors argued that the murder was premeditated because Deviney wanted to steal from Futrell.

    Deviney was first convicted of killing Futrell in 2010. The conviction and death sentence were overturned after it was found that detectives had coerced a confession out of Deviney without reading him his Miranda rights.

    In July 2015, Deviney was found guilty again, and a jury recommended he be sent back to Death Row with an 8-4 vote.

    The state Supreme Court upheld that second conviction, but later ruled the death penalty unconstitutional unless there is a unanimous jury recommendation.

    Deviney's case is one of six Duval County death sentences overturned this year by the Florida Supreme Court.

    Over the years, Deviney's behavior behind bars came under scrutiny. Before the start of his second trial, Deviney publicly made claims that Donald Smith, the man charged with murdering 8-year-old Cherish Perrywinkle, had told him about another murder he committed years before. He even attempted to use that information as leverage for a shorter prison sentence. The State Attorney's Office said Deviney's claims were not credible.

    https://www.news4jax.com/news/prosec...ighbors-throat
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #25
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    It’s death for Randall Deviney, third time around; he killed Jacksonville woman who looked out for him

    By Eileen Kelley
    The Florida Times-Union

    They were given an unpleasant task. And so after three days of testimony from psychologists, police and a tearful father who admitted he worked too much and wasn’t there enough for his wayward son, a 12-person jury Friday decided Randall Deviney should die.

    Deviney was 18 when in 2008 he killed 65-year-old Delores Futrell, a neighbor who cared for him like he was her own. Deviney took a fillet knife and cut Futrell’s throat from ear to ear. He then reached inside her throat and strangled the woman who used to bake cookies for him, pick him up at school and give him odd jobs so he could earn money.

    Futrell put up a fight and dug her nails into Deviney’s skin, giving police the key DNA evidence they needed. That sample was the only DNA to be found. Deviney was arrested 25 days after killing Futrell.

    The hearing in Jacksonville this week was the third time a jury decided Deviney should be put to death. It will likely be the last.

    In 2010 Deviney was convicted of murdering Futrell. Ten of the 12 jurors recommended that a judge sentence Deviney to death. Following that trial, Futrell’s sister Debra Wright told The Florida Times-Union how relieved she was that family could finally stop seeing the person responsible for killing Futrell.

    “Even though it’s been two years, it still rips a hole in us every time we have to go through this. We are glad this is over and now we can start thinking about the happy times,” Wright said at the time.

    But it wasn’t over. In fact, it was far from being over. In 2013 the Florida Supreme Court threw out the conviction because of police misconduct. Then in 2015 there was a second trial. A jury in this case voted 8-4 to recommend to a judge that Deviney be sentenced to death. He was.

    Then Florida’s death penalty system was challenged and the U.S. Supreme Court ruled it unconstitutional in 2016. Hundreds of cases, such as Deviney’s, from 2002 on are being sent back for what are called re-sentencing hearings. Now, juries decide and not a judge and the decision must be unanimous.

    It took the jury 5½ hours to reach its unanimous decision Friday.

    Veteran prosecutor Bernie de la Rionda has tried the case against Deviney three times now.

    “That man did an awesome job,” said Futrell’s son, Waverly Futrell.

    De la Rionda moved the family to tears during his closing statements. After the verdict, he stood hand-in-hand with the family and Lysa Telzer of the Justice Coalition and led them in prayer.

    “She was a fighter and that is what we need to remember,” de la Rionda said. ‘Thank God for that.”

    Absent from the courtroom aside from the moments when they were called on to testify were Deviney’s parents, Nancy Mullins and Michael Deviney.

    Randall Deviney told two psychologists that he suffered sexual abuse at the hands of his mother and her drug-dealing boyfriend. He also said he was beaten routinely by both parents. The psychologists laid out a sad and difficult life that Deviney had growing up.

    While the jury tended to agree that those mitigating factors were made clear in court this week, the jury did not find that the factors — there were 37 of them — were reasons enough to spare him the death penalty.

    “I don’t know if there will ever be closure,” Wright said. “But I do feel better.”

    http://jacksonville.com/news/public-...d-jacksonville
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #26
    Senior Member CnCP Addict one_two_bomb's Avatar
    Join Date
    Jan 2015
    Location
    Detroit MI
    Posts
    965
    Good job to the prosecutors for retrying the sentencing phase and the jury for making the right decision. Does anyone know when the official sentencing is? Theres been several jury recommendations for death but no actual sentences since the change in floridas law, as far as i knos.

  7. #27
    Senior Member CnCP Legend FFM's Avatar
    Join Date
    Jan 2013
    Posts
    1,363
    The judge sets aside a day for the actual sentencing, usually months away, in FL. It shouldn't be needed anymore seeing that a unanimous jury is required now, and hence, should require no thought about the sentence that's about to be imposed. When it wasn't required to be unanimous like it was before, I could see why it would take months to ponder the right sentence, but now it shouldn't. It's either a 12-0 or not, and thus, it's either a death sentence or LWOP. That's what we do here in TX; it's either a death sentence, or it isn't..... no more 'judging' required. Once the jury makes its decision, the judge imposes the official sentence and the trial is complete. A quick end to the story. As a side note, the lawmakers over there should have seen this coming too, so as not to waste several more weeks or months to let the judge ponder about the sentence.

  8. #28
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    I bet whatever smug look he had when he got that technicality laced reprieve is gone now. It's good to see these clowns aren't all going to escape so easily. I'd like to see Hurst himself get a new death sentence. THAT would be justice.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #29
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Man convicted 3rd time of killing neighbor sentenced to death

    Unanimous death penalty recommendation required by state Supreme Court

    By Jenese Harris
    NewsJax4.com

    JACKSONVILLE, Fla. - For the third time since a woman was brutally killed nine years, a Duval County judge has sentenced Randal Deviney to be put to death for the murder.

    In August 2008, when Deviney was 18 years old, he slit the throat of Delores Futrell and beat her during an attempted burglary. He then moved her body and staged the scene to make it appear that she had been sexually assaulted.

    In October, after two days of testimony from detectives, forensic scientists, family members and psychologists, a jury unanimously recommended he be given the death penalty. On Monday, Judge Mark Borello formally sentenced Deviney to be returned to death row.

    On Monday, Judge Mark Borello said that the crime, cruelty of the crime and age of the victim were all factors that led him to give Deviney to the death penalty.

    "We're glad it's finally over (and) he got the sentencing he deserved," Futrell's granddaughter Raqia Blades said after the October hearing. "I'm glad we don't have to keep replaying the memories of what happened and keep asking the question, 'Why?'"

    It was the third jury that has been asked to sentence Deviney to death for the crime. The first conviction was overturned on appeal and his second sentence was thrown out when the Florida Supreme Court ruled that death penalties are only constitutional if there is a unanimous jury recommendation.

    Futrell, a dialysis technician and mother of four, was described in court this week as loving life and having a thirst for knowledge.

    "A person like my mom should have died a peaceful death," said Jacquelynn Blades, Futrell’s oldest daughter.

    During the sentencing hearing, the defense presented 37 mitigating factors to try and convince the jury to spare Deviney from the death penalty. It called Deviney's father and a forensic psychologist to testify an abusive childhood.

    Despite Deviney mental, sexual and physical abuse as a child, Borello said Deviney still had a loving family and that abusive history did not excuse Deviney's actions.

    The crime

    According to court documents, an officer responding to a 911 call from Futrell's townhome found her in a "sexual position." Deviney later told a psychologist that he placed her that way to make it look like someone else killed her. Investigators found no physical evidence that Futrell had actually been raped, court records show.

    According to detectives investigating the murder scene, evidence showed that Deviney cut Futrell's throat near a Koi pond in the backyard before dragging her inside the home and trying to cover up the murder by making it appear to have been a sexual assault.

    The autopsy showed that Futrell had struggled with her attacker before her throat was cut and that the wound sliced her larynx, preventing her from breathing. She bled to death, according to court records. The Medical

    Examiner also found evidence that Futrell's killer had tried to strangle her either after she was dead or while she was still dying from her neck wound.

    DNA found under Futrell's fingernails was matched to Deviney by analysts from the Florida Department of Law Enforcement.

    Deviney claimed he just snapped while talking with Futrell one day, but prosecutors argued that the murder was premeditated because Deviney wanted to steal from Futrell.

    Court history

    Deviney was first convicted of killing Futrell in 2010. The conviction and death sentence were overturned after it was found that detectives had coerced a confession out of Deviney without reading him his Miranda rights.

    In July 2015, Deviney was found guilty again, and a jury recommended he be sent back to Death Row with an 8-4 vote.

    The state Supreme Court upheld that second conviction, but later ruled the death penalty unconstitutional unless there is a unanimous jury recommendation.

    Deviney's case is one of seven Duval County death sentences overturned this year by the Florida Supreme Court.

    Over the years, Deviney's behavior behind bars came under scrutiny. Before the start of his second trial, Deviney publicly made claims that Donald Smith, the man charged with murdering 8-year-old Cherish Perrywinkle, had told him about another murder he committed years before. He even attempted to use that information as leverage for a shorter prison sentence. The State Attorney's Office said Deviney's claims were not credible.

    https://www.news4jax.com/news/man-co...enced-to-death
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #30
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Florida Supreme Court upholds death penalty in Jacksonville murder

    Randall Deviney was sentenced to death in the 2008 murder of Dolores Futrell

    By Frank Powers and Mike Vasilinda
    News4JAX.com

    JACKSONVILLE, Fla. – The Florida Supreme Court on Thursday upheld the death sentence of Randall Deviney, a Jacksonville man convicted of murdering his one-time babysitter.

    Deviney was sentenced to death after he was convicted of first-degree murder in the August 2008, slaying of Dolores Futrell, who was found with her throat slashed inside her Westside home.

    The sentence was overturned when an appeals court ruled that Deviney’s confession was coerced by the Jacksonville Sheriff’s Office. He was convicted and sentenced to death when he was tried again.

    Though the conviction was upheld, it was based on an 8-4 jury recommendation. Because the Florida Supreme Court found death penalties must be unanimous, Deviney received a third sentencing.

    A jury in 2017 returned a unanimous recommendation that Deviney be put to death.

    The defense for Deviney appealed that ruling, saying he deserved a new trial because two jurors should have been excluded and that there were errors made in jury instructions, among other arguments.

    In its ruling Thursday, the state Supreme Court rejected those arguments and upheld the death penalty.

    https://www.news4jax.com/news/local/...nville-murder/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

Page 3 of 4 FirstFirst 1234 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •