Jury seated for convicted killer's 3rd sentencing

Randall Deviney convicted, sentenced to death twice before


JACKSONVILLE, Fla. – A man convicted and sentenced to death twice in the killing of his neighbor will face a new jury for yet another sentencing.

Randall Deviney killed Delores Futrell, 65, in August 2008 during an attempted burglary. His case is one of six Duval County death sentences overturned this year by the Florida Supreme Court.

Deviney, a neighbor who was 18 at the time of the murder, was first convicted of killing Futrell in 2010. The conviction and death sentence were overturned after it was found that detectives had coerced a confession out of him without giving him his Miranda rights.

In July 2015, Deviney was found guilty again, and a jury recommended he be sent back to Death Row with a final 8 to 4 vote.

The state Supreme Court upheld that second conviction at first, but later ruled the death penalty unconstitutional unless there is a unanimous jury recommendation.

Over the years, Deviney's behavior behind bars came under scrutiny. Before the start of his second trial, Deviney publicly made claims that Donald Smith, the man charged with murdering Cherish Perrywinkle, had told him about another murder he committed years before. He even attempted to use that information as leverage for a shorter prison sentence. The State Attorney's Office said Deviney's claims were not credible.

Jury selection began Monday and Tuesday afternoon, a jury was seated. Opening statements will begin Wednesday morning, followed by witness testimony.

Prosecutors are seeking another death penalty for Deviney.

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