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Transcript erased: Convicted South Florida killer gets new trial
By orlandosentinel.com - David Ovalle
Published: 01/04/2012

A convicted killer will get a new trial — because a Miami-Dade court stenographer accidentally erased the transcript of his murder trial.

In an unusual case, an appeals court last week threw out the conviction and life sentence of Randy Chaviano, 26, who was convicted by a jury in July 2009 of fatally shooting a man at his Hialeah duplex.

Chaviano had appealed his conviction, but because hardly any transcripts of the proceedings existed, the Third District Court of Appeal ordered that he get a new chance to go before jurors. “The overturning of a murder conviction always means terrible pain for the victim’s family and frustration for prosecutors and police officers,” said Miami-Dade State Attorney’s spokesman Ed Griffith. “Overturning a murder conviction because of a court reporter’s problem creates a brand new level of pain and frustration.”The news comes at a sensitive time for Florida court reporters, who have been resisting moves to replace courtroom stenographers with digital recorders to capture the words of judges, lawyers, defendants and witnesses.

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