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Court throws out death sentence of Florida man after 28 years
Source: Reuters
Court throws out death sentence of Florida man after 28 years
BY BILL COTTERELL
TALLAHASSEE, Florida Fri Nov 8, 2013 7:08pm EST
(Reuters) - The Florida Supreme Court overturned the conviction of a man on Death Row for 28 years for the abduction, rape and murder of a filling station attendant, ordering that he be given a new trial after doubts were raised about scientific evidence in the case.
Roy Swafford, 66, came within a few hours of execution in 1990 before a court-ordered stay kept him from Florida's electric chair. Thursday's ruling vacated his rape and murder convictions and his death sentence.
Swafford's attorney, Terri Backhus, said the state has 15 days to ask the Supreme Court for a rehearing before the case is sent back to the 7th Circuit in Daytona Beach. Prosecutors in Volusia county will then have to decide whether or not to go ahead with a new trial.
"The case was weak to start with. It was highly circumstantial," said Backhus. "The Supreme Court decision was pretty explicit. You can see how troubled they were with the evidence."
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BY BILL COTTERELL
TALLAHASSEE, Florida Fri Nov 8, 2013 7:08pm EST
(Reuters) - The Florida Supreme Court overturned the conviction of a man on Death Row for 28 years for the abduction, rape and murder of a filling station attendant, ordering that he be given a new trial after doubts were raised about scientific evidence in the case.
Roy Swafford, 66, came within a few hours of execution in 1990 before a court-ordered stay kept him from Florida's electric chair. Thursday's ruling vacated his rape and murder convictions and his death sentence.
Swafford's attorney, Terri Backhus, said the state has 15 days to ask the Supreme Court for a rehearing before the case is sent back to the 7th Circuit in Daytona Beach. Prosecutors in Volusia county will then have to decide whether or not to go ahead with a new trial.
"The case was weak to start with. It was highly circumstantial," said Backhus. "The Supreme Court decision was pretty explicit. You can see how troubled they were with the evidence."
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Read more: http://www.reuters.com/article/2013/11/09/us-usa-florida-deathrow-idUSBRE9A800820131109
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