PREVIOUS COVERAGE | Ross death sentence overturned (with video)

BRADENTON — The state’s highest court has overturned the murder conviction and death sentence of Blaine Ross, saying investigators mishandled his interrogation days after his parents were beaten to death with a baseball bat more than six years ago.

In a narrow 4-3 majority, the Florida Supreme Court has ordered Ross to have a new trial, and the confession he made to Manatee County Sheriff’s Office detectives cannot be presented to the jury in those proceedings.

The Supreme Court found that the detective in the case, William Waldron, violated Ross’ rights in obtaining a confession two days after the killings, and that Circuit Judge Edward Nicholas should have disallowed the confession at trial.

A jury convicted Ross, now 27, in May 2007 of first-degree murder and robbery in the slaying of his parents, Richard and Kathleen, in their East Manatee home. Nicholas sentenced Ross to death that November after a jury recommended the punishment.

Ross appealed his conviction and death sentence, citing problems with statements he gave to law enforcement about the deaths of his parents. He claimed he was not properly advised of his rights before he spoke with detectives. Transcripts from Blaine Ross’ capital murder trial were sent to the Florida Supreme Court in February 2008.

Carolyn Schlemmer, Ross’ lead public defender, was elated after learning of the state’s highest court’s decision.

“I have been anticipating and hoping that the Florida Supreme Court would do the right thing in reversing his convictions, and we are very pleased with this ruling,” she said Thursday.

Assistant State Attorney Art Brown, who prosecuted the 2007 trial, expressed disappointment in the Supreme Court’s decision.

“Obviously we felt that Judge Nicholas was correct in denying the motion to suppress,” Brown said. “But we are prepared to try him (Ross) again.”

The Attorney General’s office may make a motion for a rehearing, Brown said. But if a hearing is not granted, Ross goes back before a jury of his peers.

Sheriff’s office spokesman Dave Bristow said investigators are confident that Ross will again be found guilty of the crimes.

“We had a very strong case and still do,” he said.

On Jan. 7, 2004, Ross, then 21, called 911 saying he had found his parents killed in their bedroom. Sheriff’s deputies arrived to find a gruesome crime scene and later determined the couple had been beaten to death with a baseball bat. No weapon was ever found.

In finding that Ross’ rights were violated, the Supreme Court ruling described a pressure-packed investigation two days later in which Waldron questioned Ross for hours without reading him his Miranda rights, which outline a person’s rights to remain silent and to an attorney.

The high court ruling states Waldron deliberately delayed reading Ross his rights in an effort to obtain a confession, while assuring him that he was not under arrest, amounting to an involuntary confession from Ross.