VENICE, Fla. - A big blow in court for a man who was let out of jail after his conviction for killing his seven kids was overturned. Two different Florida jurisdictions are fighting over the case. One thinks James Richardson's trial and conviction were a sham. The other says, that doesn't prove he's innocent. On Monday, that last group won a small victory.

Lawyers for James Joseph Richardson asked a judge in Venice to remove the 12th Circuit State Attorney, the State Attorney for DeSoto County, from the case. Judge Robert Bennett's response, "I'll deny the motion to strike."

With that the 12th Circuit State Attorney can continue to block Richardson's million dollar claim for being wrongfully convicted and spending 21-and-a-half years in prison for the poisoning murders of his seven kids.

The judge said Executive Orders from 1989 and 1992 transferring the case to the Miami area State Attorney, out of the 12th Circuit hands, are no longer in effect.

Chief Assistant State Attorney for the 12th Circuit Dennis Nales wants to fight Richardson's claim for state money. He tells Call For Action even though Richardson's conviction was thrown out his office hasn't seen proof Richardson is innocent.

Richardson's lawyer Robert Barrar argues the 12th Circuit State Attorney should not be involved after a questionable investigation and prosecution by the very same office back in 1968. He told Judge Bennett in court, "back then the State Attorney's Office judge.... they did their best to practically lynch Mister Richardson."

What's next? Maybe another motion. Judge Bennett said he'd be willing to listen to a motion to remove the 12th Circuit State Attorney from the case because they're not considered a neutral party.

If that happens, we don't know where this case would end up. Richardson's lawyers tell Call For Action they may ask the governor's office for help. After all, two past governors believed the case needed to be moved out of the 12th Judicial Circuit.

Barrar said the ruling on the motion was disappointing, but he is staying positive, "this is just a delay in the ultimate decision that will allow Mister Richardson to be compensated for all his years of wrongful incarceration.

James Richardson was not in court he is currently in the Midwest and is not in good enough health to make the trip to Florida.