02/05/2001

 Fla. Judge Sets Aside Death Sentence

SANFORD, Fla.  -- A judge of Tuesday set aside the death sentence of a man scheduled to die the next day for the slaying of an elderly homeowner during a burglary.In his order, Circuit Judge O.H. Eaton Jr. questioned why the trial judge had imposed the death penalty when jurors recommended a life sentence and challenged the credibility of the key witness at Gregory Mills' trial. Before Tuesday's ruling, the U.S. Supreme Court had refused to stop the execution. Eaton said a resentencing hearing would be held later; the state can still ask for the death penalty at that hearing.Mills, 43, was awaiting his Wednesday execution at the Florida State Prison in Starke.``He is ecstatic and obviously very relieved,'' said his attorney, Todd Scher, who added it would be unlikely for Mills to be sentenced to death again. Assistant Attorney General Kenneth Nunnelley couldn't immediately be reached for comment. The attorney general's office can appeal Eaton's ruling. Mills was convicted in 1979 of fatally shooting James Wright during a home burglary. His accomplice, Vincent Ashley, received immunity in exchange for testifying against Mills. Eaton questioned the credibility of Ashley, who was called several weeks ago to testify before the judge about whether he had changed his story to protect himself. James Anderson, a former inmate at Seminole County Jail, told the judge during a hearing Monday that Ashley twice had confessed to being the actual murderer.