Randall T. Deviney - Florida Death Row

[Guest]

Dolores Futrell




Summary of Offense:

Convicted and sentenced to death for the August 2008 killing of his neighbor, 65-year-old Dolores Futrell. Deviney went to Futrell's Westside home armed with a fillet knife, knowing her live-in boyfriend was out of town. She had often paid him to do odd jobs and had him and his siblings in her home often as children. He told police he was upset, and she brought up questions about his childhood and he "lost it." A 911 call was made, but operators couldn't hear anything. Futrell was found dead in her living room with her throat slit, her wallet empty and her clothing cut off.

Deviney was sentenced to death on June 11, 2010.

[Guest]

June 11, 2010

Jacksonville man gets death penalty for killing of 65-year-old neighbor

A judge today imposed a jury's recommendation that Randall Deviney receive the death penalty for the August 2008 killing of his neighbor, 65-year-old Dolores Futrell.

Deviney went to Futrell's Westside home armed with a fillet knife, knowing her live-in boyfriend was out of town. She had often paid him to do odd jobs and had him and his siblings in her home often as children.

He told police he was upset, and she brought up questions about his childhood and he "lost it."

A 911 call was made, but operators couldn't hear anything. Futrell was found dead in her living room with her throat slit, her wallet empty and her clothing cut off.

Attorneys for Deviney, 20, argued in April that he should be spared the death penalty in part because of his remorse, his age - he was 18 at the time - and a deprived childhood, since he was raised by parents convicted of murder, witnessed domestic violence and was abused himself.

Judge Mallory D. Cooper said she considered those factors, but the heinous nature of the crime and the victim's vulnerability tipped the scales toward agreeing with the jury's recommendation of death. Futrell had advancing multiple sclerosis and had problems with walking and balance.

"Dolores Futrell struggled to survive and scream for help, however her struggle to escape the defendant's attack was to no avail," Cooper said. "There is no doubt that for each of her final breaths, she was acutely aware of her impending death."

Deviney stood and faced the judge throughout the sentencing, wearing an orange jumpsuit and shackles. He looked briefly to the back of the courtroom where his family was sitting before he was led away.

His parents declined comment after the hearing.

Debra Wright, Futrell's sister, said the family was relieved the judge agreed with the jury's recommendation and the case has been brought to a close.

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

http://jacksonville.com/news/crime/2...r-old-neighbor

[JLR]

Oral arguments were held on 8th December.

http://www.floridasupremecourt.org/p...es/index.shtml

Briefs are here.

http://www.floridasupremecourt.org/p...436/index.html

Big issue is confession. Potential reversal?

[Heidi]

RANDALL T. DEVINEY v THE STATE OF FLORIDA

In today's opinions, the Florida Supreme Court tossed Deviney's conviction and sentence of death and remanded the case for a new trial.

[Heidi]

RANDALL T. DEVINEY v STATE OF FLORIDA

Corrected opinion

Opinion Date: June 13, 2013

Court: Florida Supreme Court

After a jury trial, Defendant was convicted of first-degree murder and sentenced to death. Defendant appealed, contending, among other things, that the trial court erred when it denied his motion to suppress his confession because, during his interrogation and before he confessed to the murder, he invoked his right to remain silent. The Supreme Court reversed the conviction and remanded for a new trial, holding (1) based on the totality of the circumstances, the police did not scrupulously honor Defendant's invocation of his right to remain silent; (2) there was not competent, substantial evidence supporting the trial court's finding that Defendant's confession was voluntary; and (3) this error was not harmless beyond a reasonable doubt.

[Heidi]

In today's United States Supreme Court orders, the state of Florida's petition for writ of certiorari was DENIED.

[LeahSunshine]

Is this man out of prison? I know his initial case was tossed. Is he still incarcerated or is he free?

[Heidi]

Deviney is out of state custody and is currently in the custody of the Jacksonville Sheriff's Office. He has a court date on December 2, 2013.

[Moh]

Judge declines to remove Matt Shirk's office from second death penalty case

For the second time this month a Jacksonville judge has refused to allow the office of Public Defender Matt Shirk to withdraw from a death penalty case scheduled to go to trial in January.

Shirk’s office asked Circuit Judge Mallory Cooper to allow them to withdraw from the death penalty case of Randall Deviney, saying they had a conflict between Deviney and another unnamed client they represent. On Wednesday Cooper denied that request and said Deviney’s trial would begin Jan. 5.

Cooper previously declined to remove the Public Defender from the death penalty case of Donald James Smith. The office cited a similar conflict in that case but Cooper rejected that and his trial is scheduled to begin Jan. 20.

It’s possible the conflict is between Deviney, 23, and Smith, 58, with one of the men claiming to have information on the other. In both cases the Public Defender has said there is a conflict between the named defendant and an unnamed second defendant, and that Cooper is the judge in both cases.

In both cases the Public Defender’s Office has said they cannot adequately represent one client without hurting another client. Public Defender spokesman Matt Bisbee has declined to comment on whether the cases are related.

Prosecutors have said they have no interest in talking to Deviney or Smith about any information they have on another case. Prosecutors have also said they have no interest in talking to anyone who has information about Deviney or Smith that the Public Defender represents.

In both rulings Cooper has said that no conflict exists because the state isn’t interested in the information. The Public Defender is appealing Cooper’s ruling in the Smith case to the 1st District Court of Appeal, and is likely to appeal her ruling in the Deviney case to the same court.

Bisbee declined to say whether Deviney’s case would be appealed on Wednesday.

If the appellate court orders the Public Defender removed, both cases will be delayed for months, and possibly years, while new lawyers are appointed and familiarize themselves with the cases. Deviney and Smith have both been declared indigent, so the cases would either go to the Office of Regional Conflict Counsel or to a private lawyer who is paid for by the taxpayers.

Assistant State Attorney Bernie de la Rionda, who is prosecuting Deviney, expressed frustration at that possibility during a hearing last week.

De la Rionda said Deviney’s case has already been delayed five times. He also said he believes Deviney is trying to commit fraud on the court by delaying his trial.

Deviney is facing the death penalty for slitting the throat of 65-year-old Dolores Futrell in August 2008. Deviney was convicted of the crime in 2010, when Cooper sentenced him to death after a jury recommended he be executed by a 10-2 vote.

That conviction was overturned by the Florida Supreme Court in February 2013. Justices ruled that police should have stopped questioning Deviney after he repeatedly told them he was done speaking.

Police ignored those comments and kept questioning him, and Deviney eventually confessed to killing Futrell.

Smith is charged with rape and murder of 8-year-old Cherish Perrywinkle. He is a registered sex offender released from prison three weeks before Cherish was killed.

http://jacksonville.com/news/crime/2...-shirks-office

[Helen]

Judge denies delay in retrial of Randall Deviney

Conviction in 2008 murder of Deloris Futrell overturned

JACKSONVILLE, Fla. - A judge denied a request by the defense lawyer for Randall Deviney to delay his retrial, scheduled to begin next week.

Deviney’s conviction and death sentence in the 2008 murder of Deloris Futrell was thrown out by the Florida Supreme Court, which ruled that the Jacksonville Sheriff's Office coerced his confession.

The public defender's office asked to withdraw, citing a conflict with a witness in the case the office also represents. When the motion was denied, it was appealed to the 1st District Court of Appeals.

The high court said Deviney's confession was given after he invoked his right to remain silent.

The high court found JSO "wore down" his free will, and that his confession was the "product of compulsion and improper influences," according to the ruling.

The ruling also threw out his confession, which can't be used in the retrial.

Judge Mallory Cooper on Monday told all parties to be ready to begin jury selection on Jan. 6.

http://www.news4jax.com/news/judge-d...viney/30439608