Miami judge denies evidentiary hearing, stay of execution for Diaz

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Miami judge denies evidentiary hearing, stay of execution for Diaz
MIAMI (AP) — A circuit judge has denied a death row inmate's request to reconsider testimony by a key witness who later recanted.

Angel Diaz's attorney says Circuit Judge Amy Donner also declined Friday to issue a stay of execution for her client.

Diaz is scheduled to die on December 13th for the fatal shooting of a Miami topless club manager in 1979.

Miami-Dade County Jail inmate Ralph Gajus testified at his 1984 trial that Diaz, who spoke only in broken English, used hand signs to imply he was the triggerman. But now says he lied on the witness stand.

The Florida Supreme Court voted 5-to-2 to send the case back to the trial court.

Diaz has until Monday to appeal the trial court's ruling.