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| Attorneys: New DNA Evidence Should Free Fla. Death Row Inmate |
| By Associated Press |
| Published: 02/14/2003 |
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Attorneys for death row inmate Paul C. Hildwin told a judge that new DNA evidence should wipe out his conviction for a 1985 Hernando County slaying. Hildwin's attorneys said body fluids found in the victim's car don't match their client's DNA, but a prosecutor said a mountain of other evidence still supports his conviction and warrants his execution. Circuit Judge Richard Tombrink Jr. refused to immediately throw out the conviction, saying: 'I don't think it's as clear cut as the defense would have it.' He asked for a written report from Hildwin's lawyers laying out their new evidence, after which he would likely order a hearing. Attorneys said it could be months before the hearing takes place. Hildwin, 42, was sentenced to die for killing 42-year-old Vronzettie Cox, whose nude body was found stuffed in the trunk of a car parked in some Hernando County woods in September 1985. She had been strangled with a T-shirt. At issue is DNA extracted recently from fluids on panties and a washcloth found in a laundry bag in Cox's car. Prosecutors at the 1986 trial used them as part of their circumstantial case against Hildwin because the fluids - semen and saliva - matched his blood characteristics. But DNA tests received from a Maryland laboratory last week show that the fluids were not Hildwin's. Attorney Mark Gruber told Tombrink that because prosecutors relied heavily on the evidence to convince the jury of Hildwin's guilt, then the conviction should be tossed out and a new trial ordered. Hildwin was linked to the murder after he cashed a forged check of Cox's and had her ring and her radio when deputies searched his house. A witness testified that Hildwin was driving Cox's car when he cashed the check at a Brooksville bank, and her purse was found in the woods behind his house. At trial, Hildwin testified that he had been with Cox and her boyfriend while they were arguing. He said he left when the boyfriend began choking her, stealing the checkbook, ring and radio. Hildwin's first death sentence was overturned in 1995 when the court found that his trial attorney failed to present mitigating evidence at his sentencing hearing. He was sentenced to death again following a second hearing in 1996. The Florida Supreme Court has affirmed his conviction. |
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