FILE- In this Oct. 15, 2008 file photo, former FBI agent John Connolly listens to the testimony of Thomas Daly in Miami. Last year a three-judge panel of the 3rd District Court of Appeal toss out John Connolly's second-degree murder conviction and 40-year prison sentence. Florida state prosecutors persuaded the full 10-judge court to reconsider and oral arguments were held Thursday, Feb. 12, 2015 in Miami. A decision is likely weeks or months away and further appeals are possible. (AP Photo/Alan Diaz, FIle)