Fla. high court frees death row inmate

Published: July 9, 2009 at 10:14 PM

TALLAHASSEE, Fla., July 9 (UPI) -- The trial judge should have overturned the conviction of a man sentenced to death in 2007 for a 1994 robbery and murder, the Florida Supreme Court has ruled.

The justices ruled 7-0 Thursday there was insufficient evidence to find Herman Lindsey, 36, guilty of firing the gun that killed Jo Ann Mazzola, 51, an employee at the Big Dollar Pawn Shop in Fort Lauderdale, the South Florida Sun-Sentinel reported. Lindsey was arrested in 2006, almost 12 years after the killing.

Ron Ishoy, a spokesman for the Broward County State Attorney's Office, said prosecutors believe there was enough evidence for a conviction. But he said there will be no appeal, and Lindsey will probably be free within a few days.

Another man, Ronnie LoRay, pleaded guilty to second-degree murder and was sentenced to 16 years in prison.

Lindsey's ex-wife testified at his trial that he and LoRay had visited the pawn shop. She also said she had seen a bag of jewelry in a closet shortly after the killing.

The justices said there was no proof the jewelry was from the pawn shop and that LoRay also had access to the closet.

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