Death row inmate to get new trial

High court says JSO coerced confession

Published On: Feb 21 2013 05:35:37 PM EST   Updated On: Feb 22 2013 04:21:59 PM EST
Randall Deviney
JACKSONVILLE, Fla. -

Death row inmate Randall Deviney will get a new trial in the murder of Delores Futrell.

According to a Florida Supreme Court ruling, the high court came down hard on the Jacksonville Sheriff's Office for coercing his confession, saying it 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 throws out his confession, which can't be used in a retrial.

"I am reviewing the Court's decision and how the interrogation was conducted," Sheriff John Rutherford said in a statement. "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 (State Attorney) Ms. (Angela) 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."

To read the entire ruling, click here.