Everett says Miranda rights were confusing
Death row inmate Paul Everett said Tuesday he asked for a lawyer before being questioned by police about a 2001 murder.
Everett, 28, was convicted in November 2002 of first-degree murder, burglary of a dwelling with a battery and sexual battery with serious physical force. He raped and beat to death Kelli Bailey, 31, in her Panama City Beach home Nov. 2, 2001.
Everett was sentenced to die and the Florida Supreme Court rejected his appeal in 2004. On Monday, Everett called his first witnesses in a three-day hearing on issues that he feels warrant a new trial. The hearing, a standard post-conviction process in death cases, is expected to conclude today.
Circuit Judge Don T. Sirmons would then rule whether any of Everett's issues would warrant a new trial.
Everett's lawyers have consistently argued that his confession was illegally obtained because it was taken after Everett had asked to speak to a lawyer. Once a suspect asks for a lawyer during questioning, the questioning has to stop.
In Everett's case, he was questioned about another incident that had nothing to do with Bailey's murder and requested a lawyer during that interview, which terminated immediately. A few days later, Bailey asked to speak to an investigator about the Panama City case and confessed during that interview.
Sirmons, prior to trial, ruled that Bailey waived his Miranda protection when he reinitiated contact with the investigators. The Florida Supreme Court agreed.
Bailey said this week that he was not clear about his Miranda rights at the time of his interview. His lawyer, Charles Lykes, said he wasn't trying to relitigate that issue, but this was the first time that Bailey has been allowed to testify to this issue.
Bailey said Tuesday that he asked for a lawyer, which wasn't provided, prior to his confession.