USA - Florida. The Florida Supreme Court has overturned the death sentence and the conviction of Roy Clifton Swafford, 66, White

The Florida Supreme Court has overturned the death sentence and the conviction of Roy Clifton Swafford, 66, White, a man who once came within hours of being executed. In overturning the sentence and ordering a new trial for Swafford, the Supreme Court said that newly discovered evidence showed that there was no seminal fluid found in the victim's body. According to the Florida Department of Law Enforcement at Swafford's trial in 1985, tests indicated that semen was found on the victim. But in 2005, another FDLE test found the opposite. Swafford was sentenced to death on November 12, 1985 for the rape and slaying of Brenda Rucker. Rucker disappeared from a Fina station on Feb. 14, 1982 and her body was found the next day in some woods. Swafford's attorney, Terri Backhus, said in a phone interview that she had never seen an opinion like this from the Florida Supreme Court. "Not only did the court say he gets a new trial on the sexual battery and the murder, but the Supreme Court said the trial court should grant a motion for judgment of acquittal on the sexual battery." Backhus said that DNA testing also showed that a pubic hair found in the victim's underwear did not match Swafford. She said the state has 15 days to request a rehearing before the Supreme Court. If it does not then the court will issue a mandate usually within 30 days and Swafford's case will be sent back to the 7th Circuit in Daytona Beach. Meanwhile Swafford will remain on death row. Swafford came within hours of being executed in 1990.