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Defense Argues Against Death Penalty In Professor's Murder Case

MIAMI (CBSMiami) -- A parade of convicted killers and one exonerated killer took the stand in defense of another convicted killer Randy Tundidor Senior, along with his son Randy Junior, are accused of murdering Nova Southeastern University Professor Joseph Morrissey and terrorizing the victim's family four years ago.

The inmates who took the stand claim Randy Junior was very chatty in jail, admitting that he was responsible, not his dad.

"He was bragging that he did it. That's what caught my ears," said Robert Mackey. "He said he stabbed that cracker."

Randy Senior has a death sentence hanging over his head. A jury voted unanimously that Randy Senior should die for his crime.

Junior testified against his dad and was sentenced to 40 years. Inmates said he turned on Randy Senior partially out of spite.

Click here to WATCH Ted Scouten's report

"He felt like his dad did him wrong growing up, throwing him out of the house," said Seth Penalver.

He was exonerated of murder, but spent time with Randy Junior in the Broward Jail.

Randy Senior's attorney is trying to convince a judge that despite the conviction, the jury got it wrong and he should not be executed. He tried to prove that a crucial piece of evidence was not considered in the case. It was a gun found hidden and in pieces at his home. Randy Senior said the gun was taken when his truck was stolen shortly before the murder, then told his attorney that it suddenly appeared. A previous attorney for Randy Senior said another attorney -- Jim Lewis, told him to ditch the gun.

Attorney Joe Pappacoda recounted, "Jim Lewis told him, 'Randy, you can't have that gun in your house.You have to get rid of the gun.'"

Pappacoda claims when police found the gun, it was bad for Randy Senior's case. Had he come forward and told police about the gun, he could have explained it.

On the other hand, Lewis said he never told Randy Senior to cover up anything.

"I did not tell anybody to get rid of any evidence in the case," argued Lewis. "I didn't tell anyone to destroy a gun or get rid of a gun."

The judge will hand down Randy Tundidor Senior's sentence on October 24th.

When a jury unanimously recommends the death penalty, it is rare that a judge would rule any other way.

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