JACKSONVILLE — The trial of Randall Deviney, 25, has been pushed back pending a decision from the First District Court of Appeals.
Deviney is accused of murdering his neighbor, 65-year-old Delores Futrell, in 2008. He was previously convicted of the crime, but that decision was overturned after the court ruled police coerced Deviney into admitting he killed the victim.
The latest development isn't the news Furtrell's family wanted to hear. In a statement to First Coast News, her family said:
"We are writing in response to Randall Deviney's letters and wish to state that we are exasperated and saddened by the events over the last few weeks. We have been patiently waiting to see justice served since 2008 and instead of bittersweet memories of our mother/sister, we are forced to remember the horrendous details of her murder every time there are delays and postponements. We believe in our justice system but we're heart sick that it can be manipulated in this manner. Let's not forget that a decent law abiding woman was killed through no fault of her own. Delores Futrell deserves justice and her family deserves some closure. We appreciate the fact that the State Attorney's office has fought so hard to prosecute Randall and they refuse to make a deal with this cold blooded murderer."
Deviney claims he has information about a cold case involving Donald Smith, a convicted sex offender accused of killing 8-year-old Cherish Perrywinkle in 2013.
The 1st District Court of Appeal is looking into whether the Public Defender's Office has a conflict of interest in representing both Deviney and Smith. Prosecutors said it makes no difference who represents the men because they have no intentions of talking to Deviney.
"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," said Jackelyn Barnard, a spokesperson for the State Attorney's Office.
There's no word on when the appellate court will issue a decision.
If either public defender is removed from the case, prosecutors said it could take several months for new lawyers to get up to speed on the proceedings.
Deviney is facing the death penalty and wants a more lenient sentence in exchange for information he gives to prosecutors.
In a letter to our partners at the Florida-Times Union, Deviney wrote:
"I have valuable information that I will tell the State of Florida about a 'cold case' kidnapping, rape, and murder committed by Donald Smith. I'm asking the State of Florida to let me negotiate a plea agreement for the things I know! I'm asking the State to let me plea to a mandatory 23 year sentencing, since 23 years is what the Florida sentencing guide lines score me out to."
Deviney's new trial date has been scheduled for April 6. A trial date for Smith hasn't been announced yet.
Neither man will be able to stand trial until the appellate court makes a decision.
