Inmate Walks Off Death Row

A conviction is overturned and a murder suspect is acquitted

Updated 4:21 PM EST, Thu, Jul 9, 2009

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The Florida Supreme Court has overturned the death sentence in a 1994 Broward County murder and ordered an acquittal in the case.

The justices ruled Thursday that evidence presented at the trial of Herman Lindsey was legally insufficient to support his conviction and that the case was based completely on circumstantial evidence.

The 36-year-old Lindsey was charged with killing Joanne Mazollo in an April 1994 pawn shop robbery. He has been on death row at Florida State Prison since June 2007. Among other things, the justices said the trial court abused its discretion in allowing the prosecution to exceed the scope of its cross-examination with prejudicial and improper comments that inflamed the jury.

First Published: Jul 9, 2009 12:30 PM EST

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