56ºF

Judge denies delay in retrial of Randall Deviney

Conviction in 2008 murder of Deloris Futrell overturned

Florida Department of Corrections photo of Randall Deviney
Florida Department of Corrections photo of Randall Deviney

JACKSONVILLE, Fla. – A judge on Monday 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. 

Delores Futrell
Delores Futrell

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.