FLORIDA:

Federal Judge Norman Roettger has ordered a new evidentiary hearing for
Florida death row inmate Billy Kelley, convicted in 1984 for the 1966
murder of wealthy citrus rancher Von Maxcy. It is scheduled to take place
on April 24 in Boston, where most of the witnesses live.

In the 29 years that Roettger has been a federal judge, he has granted 1
other evidentiary hearing: in 1999, for Chris Helton, who received a life
sentence for beating his stepson to death. The hearing resulted in the
scheduling of a new trial for Helton.

This time, Roettger granted a hearing to Kelley, convicted of repeatedly
stabbing and then shooting Maxcy in his Sebring home.

In 1968, John Sweet, the lover of Irene Maxcy, the victim's wife, was
convicted for the murder -- for hiring hit men -- and received a life
sentence.

But Sweet was released from prison a year later when Irene, whose
testimony had resulted in Sweet's conviction, was herself sent to prison,
for perjured testimony.

18 years after the murder, Kelley, a two-bit crook from Boston, was
charged with being one of the hit men. His 1st trial ended in a hung
jury. But he was convicted at his 2nd trial and received a death
sentence.

The sole evidence against Kelley: the testimony of Sweet, who was facing
jail time for drug deals.

In exchange for his testimony, Sweet received immunity from prosecution.
But when the Kelley jury asked for clarification on Sweet's immunity
deal, the prosecutor said no deal had been made.

On the strength of the prosecutor's words about Sweet and the absence of
an immunity deal, the jury found Kelley guilty.

Kelley has been on Florida's death row at Raiford ever since.

Eight years after receiving a 1992 petition for a new evidentiary hearing
for Kelley and 34 years after the murder, Roettger has agreed to grant a
hearing to look at the evidence.

"I am not clear on why -- on whether anything different from what has
already been presented in state court will be submitted. This hearing
seems unnecessary, but I'm sure the judge has his reasons," said Carol
Ditmar, assistant state attorney general.

Kelley's defense attorneys, James Lohman and Laurence Tribe, hope to put
"6 to 8" new witnesses on the stand.

"We will prove that the prosecutor knowingly lied about the state's deal
with its star -- and only witness -- against Mr. Kelley," Lohman said.

"It will be the long-awaited opportunity that Billy Kelley has sought to
show the injustice of his incarceration and the need for a new trial,"
Tribe said.

(source: Miami Herald)