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Guilty Until Proven Innocent: Conflict then, but not now

By WINK News

ARCADIA, Fla. & SARASOTA, Fla. - What has changed since 1992? That's the question from the lawyers for James Joseph Richardson to the 12th Circuit State Attorney's Office.

Richardson was wrongfully convicted in the murders of his seven children four decades ago. He is trying to claim more than a million dollars under a new Florida law for innocent people convicted of a crime.

In court filings from this week, Richardson's lawyer is asking a judge to remove the 12th Circuit State Attorney's Office (the State Attorney for DeSoto County) from having jurisdiction on the case. They are standing in the way of Richardson claiming the money.

Executive orders from Florida Governor Martinez back in 1992 suggested the State Attorney's office admitted at least the appearance of conflict of interest in this case. Now in 2009, they will not step away unless ordered by a judge.

Chief Assistant State Attorney Dennis Nales tells Call For Action there is no longer any concerns of bias in this case from his office. He would not tell Call For Action what proof there is his office can be neutral, he says he'll make that argument in court.

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