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.

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Delores Futrell

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."