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Published: November 7, 2008
TALLAHASEE - The Florida Supreme Court rejected the latest round of appeals for Wayne Tompkins, sentenced to die for killing an East Tampa teenager and burying under her home in 1983.
The court upheld lower court rulings denying Tompkins a new trial. It was a 4-1 decision; Justice Harry Lee Anstead agreed with part of his colleagues ruling, but said further hearing should held on the issue of possible prosecutorial misconduct. Two justices removed themselves from the appeal.
Tompkins was scheduled to be executed Oct. 28, but the execution was stayed pending the latest appeals. It was the fourth and fifth time the court had considered appeals from Tompkins.
Tompkins was sentenced to death in 1985 for killing Lisa DeCarr, his girlfriend's 15-year-old daughter. DeCarr disappeared from her east Tampa Home in March 1983. Her skeletal remains, her pink bathrobe and pieces of her jewelry were found under the home three months later.
Amstead said allegations that prosecutors told a jailhouse snitch to testify Tompkins told him about buying DeCarr's purse deserved a new hearing. The majority contended the snitch stood by the bulk of his testimony and all details of Tomkins purported confession except for the detail about the purse.
It will be up to Gov. Charlie Crist to set a new execution date.
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