New trial on tap for death-row inmate?
Posted November 30, 2006
TALLAHASSEE -- A trial court will decide if a death-row inmate set for execution next month should get a new trial because a key witness has recanted his testimony, the Florida Supreme Court ruled Wednesday.
The high court voted 5-2 to grant the request by Angel Diaz to order that a circuit judge in Miami consider the recanted-testimony issue.
The justices also ordered that the ruling must be made by 5 p.m. Sunday. It then can be appealed to the Supreme Court.
Diaz is scheduled to die Dec. 13 for the fatal shooting of a Miami topless-club manager in 1979.
Another inmate at the Miami-Dade County Jail, Ralph Gajus, testified at his 1984 trial that Diaz, who spoke only in broken English, used hand signs to imply he was the triggerman.
Compiled from wire reports