Fla.
Court Overturns '82 Conviction
TALLAHASSEE,
Fla. (AP) - The state Supreme Court on Thursday overturned the
murder conviction of a man on death row for 16 years and ordered a
new trial ``without delay.'' Jerry Rogers, 51, was condemned for
the fatal shooting 19 years ago of David Smith, an assistant
manager at a grocery store.The state's key witness against Rogers
was a co-defendant who received a shorter prison sentence in
return for his testimony. The man was released several years
ago.Rogers, who represented himself at trial, maintained his
innocence from the beginning.In Thursday's ruling, the Supreme
Court agreed that the state withheld important evidence about
another suspect, information which would have been helpful to
Rogers' defense. Rogers' lead attorney Benedict Lenhart, whose law
firm took the case five years ago, called the suppression of
evidence and Rogers' time spent on death row ``a great injustice''.
Assistant state attorney Maureen Sullivan Christine said Florida
would attempt to retry Rogers, who remains on death row pending
the new trial.
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