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Thread: Randall Trey Deviney - Florida Death Row

  1. #11
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    Appeals court delays trial of Jacksonville man facing Death Row in 65-year-old woman's killing

    The 1st District Court of Appeal in Tallahassee has indefinitely delayed the start of a death-penalty murder trial that was scheduled to begin Monday in Jacksonville.

    The appeals court is trying to determine whether the office of Public Defender Matt Shirk must be removed as the defense attorneys for Randall Deviney, 25, and postponed his trial while it sorts through arguments in the case. Even if Shirk’s office remains on the case, the appeals court’s decision means it will be months until the trial.

    Shirk’s office says it has a conflict with Deviney and another client, likely fellow death-penalty defendant Donald James Smith, and said it could no longer represent Deviney or Smith in their upcoming trials.

    One of the defendants may have gained incriminating information on the other during their time on Death Row, although Shirk’s office has refused to confirm that. Deviney is accused of killing 65-year-old neighbor Delores Futrell and Smith, 58, is accused of abducting, raping and killing 8-year-old Cherish Perrywinkle.

    The offices of 4th Circuit State Attorney Angela Corey and Florida Attorney General Pam Bondi are arguing that there is no conflict because Corey’s office has no interest in talking to either man about any information they have on the other. Circuit Judge Mallory Cooper, who will be the trial judge in both cases, agreed and said earlier this week that Deviney’s criminal trial would begin Jan. 5.

    But Shirk’s office appealed Cooper’s ruling and asked the appellate judges to delay the case and then remove them from representing both men.

    The appeals court will hear oral arguments on this issue Thursday in Tallahassee.

    Cooper previously agreed to delay Smith’s trial, originally scheduled to begin Jan. 20, last month after defense attorneys said they weren’t ready to go to trial. Cooper said based on her schedule the earliest he could now go on trial was May.

    That means Deviney’s trial will also likely be delayed until at least May and possibly longer if new lawyers have to take over the case.

    If the public defender is removed from the cases, they will go to either the Office of Regional Conflict Counsel or to private attorneys being paid by the state. Smith and Deviney have both been declared indigent and can’t pay for attorneys out of their own pocket.

    Deviney was previously convicted of Futrell’s murder in 2010 when Cooper sentenced him to death. It was overturned by the Florida Supreme Court in February 2013 when Justices ruled that police should have stopped questioning Deviney after he repeatedly told them he was done speaking.

    He is accused of slitting Futrell’s throat with a fish filleting knife in her Westside home on Bennington Drive. She used to fix meals for Deviney, paid him to do odd jobs and spoke with him about troubles in his youth.

    http://jacksonville.com/news/crime/2...ow-65-year-old

  2. #12
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    Murder conviction overturned, man faces new trial in April

    Randall Deviney claims he has information on cold case involving Donald Smith

    JACKSONVILLE, Fla. - A man whose conviction for killing his neighbor was overturned will stand trial again in April, a judge decided Monday. Randall Deviney has contacted prosecutors offering information about another prisoner in exchange for a lesser sentence.

    Deviney was convicted and sentenced to die for killing his neighbor, Delores Futrell (pictured below), in 2008. That conviction was overturned by an appeals court that found Deviney's confession was coerced by police.

    The April 6 trial was set despite a motion pending for the public defender's office to withdraw from the case. It's unclear when the 1st District Court of Appeals will rule on that motion.

    Deviney has sent two letters to the state attorney's office saying he has information on a cold case involving Donald Smith, the man charged with the 2013 murder of 8-year-old Cherish Perrywinkle. He asked prosecutors to make a deal in exchange for information about an unrelated, unsolved case involving Smith.

    A local defense attorney not affiliated with either case said you would not think Deviney should be given credibility based on his background, but also said he likely has access to people in jail who he is able to get accurate information from.

    The state attorney's office has said they won't hear any of what Deviney has to say. It released this statement in response to his letters:

    "The state's position in the Deviney case has not changed. As previously stated in court, the state has no interest in talking with the defendant about information on another case, and the state believes the defendant is perpetuating a fraud on the court."

    http://www.news4jax.com/news/convict...tence/31168008
    "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. #13
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    Man facing second murder trial in July

    Randall Deviney's 1st conviction in murder of Delores Futrell overturned

    JACKSONVILLE, Fla. - A man whose conviction for killing his neighbor was overturned on appeal will stand trial again July.

    Randall Deviney was convicted and sentenced to die in 2008 for killing his neighbor, Delores Futrell (pictured below). That conviction was overturned last year by the Flordia Supreme Court, which found that Deviney's confession was coerced by police.

    The case has been delayed for months while Deviney’s public defender went to the appeals court to be allowed to withdraw because of a conflict of interest. Deviney now has a new, court-appointed lawyer.

    Deviney has sent two letters to the state attorney's office saying he has information on a cold case involving Donald Smith, the man charged with the 2013 murder of 8-year-old Cherish Perrywinkle. He asked prosecutors to make a deal in exchange for information about an unrelated, unsolved case involving Smith.

    A local defense attorney not affiliated with either case said you would not think Deviney should be given credibility based on his background, but also said he likely has access to people in jail who he is able to get accurate information from.

    The state attorney's office has said they won't hear any of what Deviney has to say. It released this statement in response to his letters:

    "The state's position in the Deviney case has not changed. As previously stated in court, the state has no interest in talking with the defendant about information on another case, and the state believes the defendant is perpetuating a fraud on the court."

    http://www.news4jax.com/news/man-fac...-july/31717816
    "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

  4. #14
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    Lawyer in murder retrial wants change of venue

    JACKSONVILLE, Fla. - The new lawyer for a man whose conviction for killing his neighbor was overturned on appeal is asking for a change of venue.

    Michael Hernandez was appointed to take over Randall Deviney's case after the 1st District Court of Appeals ruled the Public Defender’s Office had a conflict that required it to withdraw.

    Deviney was convicted and sentenced to die in 2008 for killing his neighbor, Delores Futrell (pictured below). That conviction was overturned last year by the Flordia Supreme Court, which found that Deviney's confession was coerced by police. He is scheduled for a retrial in July.

    Hernandez is asking for a change of venue because of all the publicity the case has generated. He’s also asking the judge to block the State Attorney’s Office from seeking the death penalty, until the U.S. Supreme Court rules in another case.

    Lawyers for a death row inmate contend Florida’s death penalty law is unconstitutional, because it allows death sentences without a unanimous jury recommendation. The High Court will take that case up in the fall.

    Deviney was in court briefly Tuesday morning, and the hearing was continued until Friday.

    http://www.news4jax.com/news/lawyer-...venue/32814882

  5. #15
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    2nd murder trial in 65-year-old woman's death likely to stay in Jacksonville

    A Jacksonville judge put off a ruling Friday on whether the trial of a man facing Death Row for a second time will be moved out of Jacksonville.

    But Circuit Judge Mallory Cooper said if she decided pretrial publicity meant a jury could not be picked locally for Randall Deviney, she is more likely to bring in jurors from another part of the state than move the entire trial. Cooper heard arguments on the issue Friday but did not issue a ruling.

    Lawyers for Deviney say the 25-year-old cannot get a fair trial in Jacksonville because of the attention the case generated from The Florida Times-Union and multiple television stations. He is accused of slitting the throat of 65-year-old neighbor Delores Futrell.

    Deviney was arrested in 2008 and was previously convicted of Futrell’s murder. Cooper sentenced him to death, but that conviction and sentence were thrown out by the Florida Supreme Court.

    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.

    That videotaped confession was shown to jurors at trial.

    In his motion for a change of venue, defense attorney Jim Hernandez argued that the new jury is not supposed to know about Deviney’s previous murder conviction or that he confessed. But the conviction and confession have been repeatedly reported by media.

    Hernandez also said if the case remains in Jacksonville, he wants the jurors to be sequestered.

    Assistant State Attorney Bernie de la Rionda opposed moving the trial and sequestering the jurors, saying neither was necessary for a fair trial. He also pointed out that Deviney himself was responsible for recent media attention. Deviney wrote letters to the Times-Union and other media outlets saying he had information on a murder committed by Donald James Smith.

    Smith is also facing a potential death penalty in the rape and strangulation of 8-year-old Cherish Perrywinkle. Deviney claimed to have information on another unsolved murder that Smith was responsible for and was willing to talk with police and prosecutors about it if the death penalty was dropped against him.

    Prosecutors declined Deviney’s offer and implied they didn’t believe he was telling the truth. But it led the Jacksonville Public Defender’s Office being removed from defending both Deviney and Smith, delaying both trials, because it created a conflict of interest.

    De la Rionda also noted that trials for George Zimmerman and Michael Dunn generated more pretrial publicity than Deviney, and those cases were not moved. De la Rionda was the lead prosecutor in the Zimmerman case, which ended with Zimmerman being acquitted of the murder of Trayvon Martin.

    It has been 16 years since a trial was moved out of Jacksonville. The last one was in 1999 when the murder trial of Joshua Phillips was moved to Bartow in Polk County. Phillips was convicted of killing 8-year-old Maddie Clifton and sentenced to life in prison.

    Cooper is likely to rule on the motions soon. Deviney’s trial is scheduled to begin July 13.

    http://jacksonville.com/news/crime/2...y-jacksonville

  6. #16
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    State attorney rejects plea deal for convicted murder

    JACKSONVILLE, Fla. -- A man accused of murdering his 65-year-old neighbor is facing the death penalty, again. He appeared in court Thursday morning.

    In a previous trial, Randall Deviney was granted the death penalty for the 2008 murder of Delores Futrel, but that trial was delayed several times after he offered up a confession over another inmate in hopes for a plea deal.

    The confession was overturned by the Appellate Courts as they found it to be "involuntary".

    Deviney had claimed he had information on convicted sex offender Donald Smith, who is accused of killing 8-year-old Cherish Perrywinkle in 2013.

    Deviney said he had details on a separate murder committed by Smith, involving an adult black female who was strangled to death on the Northside of Jacksonville between 1985 and 1990. Deviney said Smith met the victim through a cocaine deal.

    On Thursday, the state attorney said they are not interested in the plea deal and found the claims made in Deviney's "confession" to be unfounded.

    "Even if they were true, we still would not be interested," said state attorney Bernie Del Rhonda.

    Deviney's attorney, Jim Hernandez, said he offered up the possibility of a plea deal in exchange for the death penalty only because "out of moral conscious he wanted to explore every avenue" since his client is facing the worst possible outcome.

    On July 9th a judge will decide whether or not to move the trial out of Jacksonville due to a possible conflict of interest and whether or not to sequester the jury.

    A jury trial is set for July 13th and if necessary a trial for the penalty phase has been set for July 23rd.

    At 1:30 on Thursday Donald Smith will also appear in court. His mother is expected to testify. The courthouse security guards say media will most likely be asked to leave during her testimony.

    http://www.firstcoastnews.com/story/...mate/29620631/

  7. #17
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    Prosecution rests in retrial for 2008 murder

    Randall Deviney's first conviction in murder of Delores Futrell overturned

    JACKSONVILLE, Fla. - A Duval County jury heard calls Randall Deviney made to his father from jail in the second day of testimony in his retrial in the 2008 murder of Deviney's neighbor, Delores Futrell.

    Father: “What did you do to the woman?”

    Deviney: "I can’t talk about it over the phone. It’s recorded."

    Father: "You've really got to talk to someone. I still can't believe you did that."

    Deviney: "I didn't, dad. It wasn't me. It was another person."


    After playing that call and putting on some forensic evidence, the prosecution rested and midday Thursday. After a move for a direct acquittal was denied, the defense began its case in the afternoon.

    Deviney was convicted and sentenced to die for killing Futrell (pictured), but that conviction was overturned last year when the Florida Supreme Court ruled that Deviney's confession was coerced by police.

    The prosecution feels they have a strong case even without the confession.

    "She managed to get evidence that unequivocally shows that this man before you (referencing Deviney) was the man that murdered her. From her fingers, we obtained this defendant's DNA," Assistant State Attorney Bernie de la Rionda told the jury on Wednesday.

    The prosecution is seeking the death penalty if Deviney is convicted.

    http://www.news4jax.com/news/prosecu...urder/34200548
    "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

  8. #18
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    Randall Deviney convicted again in 2008 murder

    First conviction in murder of Delores Futrell overturned on appeal

    JACKSONVILLE, Fla. - A Duval County jury has found Randall Deviney guilty of first-degree murder in the death of his 65-year-old neighbor, Delores Futrell.

    The jury was charged just before lunch and was to begin deliberations in the afternoon. Less than three hours later, the jury returned its verdict.

    "It's been very difficult but we're very pleased with the outcome. We're very pleased the jury believed the case as it was presented by Bernie's team. I'm overwhelmingly happy about that," said Debra Wright, Futrell's sister.

    Wright said she wants everyone to know her sister loved people, enjoyed life and didn't let her Multiple Sclerosis diagnosis get her down.

    Futrell's daughter was in the courtroom as the verdict was read. She said she's happy with the trial and that Deviney testified on Thursday.

    "I was kind of hoping he was going to tell the truth and we were going to get closure today. He did a better job going up there showing what type of person he really is. I'm glad he did it. I hope the rest of it comes out the best way that it should," said Jacquelyn Blades, Futrell's daughter.

    Deviney testified Thursday that he killed Futrell, but said that her death was an accident.

    Deviney was convicted and sentenced to die for killing Futrell (pictured), but that conviction was overturned last year when the Florida Supreme Court ruled that Deviney's confession was coerced by police.

    During closing arguments on Friday, prosecutor Bernie de la Rionda told the jury the evidence clearly connects Deviney to the crime.

    "From her fingernails, you find the defendant's DNA. She provided the best evidence. She was not able to come into this courtroom and identify the person who did this to her," de la Rionda said.

    The penalty phase of the trial will be held next Thursday. The court will hear victim impact statements and the prosecution will seek the death penalty.

    http://www.news4jax.com/news/jury-de...-case/34219974
    "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

  9. #19
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    Jury recommends death penalty for Randall Deviney

    First conviction, death sentence in murder of Delores Futrell overturned

    JACKSONVILLE, Fla. - A jury came back with an 8 to 4 vote Thursday night recommending the death penalty for the man convicted of first-degree murder in the death of Delores Futrell.

    Randall Deviney, 25, was convicted last week, after less than three hours of jury deliberations, in the 2008 death of his 65-year-old neighbor.

    The state said Deviney, who was convicted of slitting Futrell's throat after attempting to rob her, deserves to pay the ultimate price. The responding officer found her in a "sexual position," and Deviney later told a psychologist that he placed her that way to make it look like someone else killed her.

    Deviney's defense team doesn't deny he is responsible for Futrell's death, but was hoping to have the death penalty taken off the table when deciding Deviney's fate.

    The defense claimed Deviney was raped by family members, abused and neglected. His own father, Michael Deviney, admitted to the jury Thursday that he had sex in front of Randall and his brother when they were growing up.

    The trial began its sentencing phase Thursday, and it was an emotional day for Futrell's relatives, who told the jury what kind of person she was and how much she is missed.

    They said Futrell (pictured) cherished her loved ones and went above and beyond to help others.

    “She was my mother, my sister, my friend and my support,” Futrell's daughter, Jacquelyn Blades said. “To not only me but my military family and to the neighborhood. But that's not sufficient. I have to tell you about her smile.”

    “It's been almost eight years since my sister's death, and I still can't bring myself to delete her name from my phone book,” Debra Wright said. "I will hold on to the memory of our last warm hug and the last time we said, 'I love you.'”

    Randall Deviney was described by his defense team as a troubled child. According to his attorneys, his parents were arrested before Randall was born for the death of their first child, Christopher.

    "I haven't been the best father in the world, sir, I know that,” Michael Deviney said. “It's hard to judge somebody if you don't know them. Don't judge me unless you walk in my shoes."

    Attorneys said Randall was stabbed by his younger brother later in life and sexually abused by his mother. The state said the Department of Children and Families and the psychologist who treated Randall Deviney never found proof he was molested, but that same psychologist believes all of those things could have contributed to his state of mind in 2008.

    His father and stepmother both said they think the jury should spare Randall Deviney's life. The state said Futrell's family doesn't have the option to have her life spared, and Deviney shouldn't either.

    Deviney had been convicted and sentenced to die for killing Futrell, but that conviction was overturned last year when the Florida Supreme Court ruled that Deviney's confession was coerced by police.

    A sentencing hearing will be held Aug 28, at which time both sides will present more evidence for the judge to consider.

    http://www.news4jax.com/news/randall...urder/34312556
    "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. #20
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    Jacksonville man sentenced to death for second time Wednesday

    By Larry Hannan
    The Florida Times-Union

    It was a new day but the same result for Randall Deviney Wednesday when he was sentenced to Florida’s Death Row for the first-degree murder of Delores Futrell.

    Deviney, 25, showed little emotion as Circuit Judge Mallory Cooper sentenced him to death, beyond occasionally glancing over at defense attorney Jim Hernandez. This is the second time Cooper has sentenced Deviney to death. The Florida Supreme Court threw out a previous conviction because Jacksonville police continued to interrogate him after he invoked his right to remain silent.

    In the second trial prosecutors got another conviction, and the jury recommended Deviney be executed by an 8-4 vote. The jury also made additional findings that the murder was premeditated and occurred during a burglary and an attempted sexual battery.

    Cooper said the brutality of the crime — Deviney slashed Futrell’s throat ear to ear with a fish-fillet knife in the backyard of her house — justified death.

    “You have not only forfeited your right to live among us,” Cooper said. “You have forfeited your right to live at all.”

    During the trial Deviney admitted to killing Futrell in 2008 on Bennington Drive, saying he snapped after she urged him to tell authorities he suffered childhood sexual abuse by his mother and his mother’s drug dealer. He told jurors he felt awful about killing the 65-year-old Futrell, his neighbor who suffered from multiple sclerosis.

    Assistant State Attorney Bernie de la Rionda argued that any past abuse Deviney suffered didn’t justify killing Futrell. Hernandez and fellow defense attorney Kelli Bynum argued that Deviney had been physically and sexually abused throughout his childhood and had parents who both served jail time in the death of another toddler son. He was mentally and emotionally disturbed at the time of the crime, his attorneys said.

    In her written ruling, Cooper said there was significant evidence proving Deviney had experienced and witnessed abuse as a child, but it wasn’t enough to justify a sentence of life in prison instead of death.

    Deviney “testified he knew he made a mistake after he cut Ms. Futrell’s throat,” Cooper said in her ruling. “However, he proceeded to stab her multiple times.”

    Deviney then posed the body hoping police would think someone else was the killer and methodically went about disposing of the weapon and clothes he was wearing that night.

    Those are not the actions of a man who’s mentally disturbed or unaware of the difference between right and wrong, Cooper said.

    Deviney will get an automatic appeal with the Florida Supreme Court. But his best chance of getting off Death Row may rest with another Florida death-penalty case that is now being reviewed by the U.S. Supreme Court.

    Under Florida law, jurors recommend life or death, but the judges make the final decision. U.S. Supreme Court justices are reviewing whether Florida’s death-penalty sentencing procedures are unconstitutional because judges are allowed to impose death without a jury unanimously calling for it. Florida is one of only a few states that does not require a jury recommend death unanimously before a judge can impose the sentence.

    If the Supreme Court finds that Florida’s sentencing procedures violate the U.S. Constitution, Deviney is likely to get off Death Row since his jury was not unanimous.

    http://jacksonville.com/news/crime/2...time-wednesday

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