The Florida Supreme Court has rejected a death row inmate’s latest attempt to overturn his conviction, ruling that his challenge regarding a key witness’s recanted testimony came decades too late.
Background of the Case
Gary Richard Whitton was convicted and sentenced to death in 1992 for the robbery and first-degree murder of James S. Mauldin. Whitton’s latest legal challenge focused on Jake Ozio, a former cellmate who testified during the 1992 trial that he overheard Whitton confessing to the murder.
Decades after the trial, during federal habeas corpus proceedings, Ozio changed his story. In a 2021 deposition and a 2022 federal court hearing, Ozio recanted his trial testimony, stating he never actually heard Whitton confess, that he lied about his own criminal record, and that he expected to receive a benefit for testifying against Whitton.
Court Ruling
However, the Florida Supreme Court ruled that the claims were both untimely and procedurally blocked because Whitton had known about the informant’s shifting story for a generation. Writing for the court, Justice John D. Couriel noted that Whitton had obtained a recantation affidavit from Ozio as far back as 2000.
Under Florida law, successive postconviction claims based on new evidence generally must be filed within one year of the date the information could have been discovered with due diligence. Because Whitton’s legal team had known about the cooperation since 2000 and had formally deposed Ozio in federal court in May 2021, waiting until July 2023 to file the state motion put him well past the one-year deadline.
Original reporting: Tampa Free Press — read the source article.
