Hawley says AG's office is reviewing Robinson case

SIKESTON, Mo. � Missouri attorney general and U.S. Senate hopeful Josh Hawley visited the hometown of recently exonerated David Robinson on Friday, but could offer no specific update regarding why his office has thus far prevented his release from prison.

Hawley mingled with his supporters at Sikeston�s Dexter Bar-B-Q, and in a stump message drew distinctions between himself and incumbent U.S. Sen. Claire McCaskill. Afterward, he answered questions about the Robinson case.

The Missouri Supreme Court ruled May 2 to grant Habeas relief for Robinson, saying Robinson�s constitutional rights had been violated during the procurement and presentation of evidence before the jury in his conviction of Sheila Box�s murder, which took place in 2000.

Judge Darrell Missey, appointed by the Supreme Court as special master in the case, had claimed Robinson had exceeded the standard for �freestanding� and �gateway� actual innocence claims. The court ruled he met the �gateway� claim, meaning his constitutional rights had been violated. As such, the state can decide to retry Robinson, but it would bear the burden of proof, essentially meaning Robinson is passing through the gateway to freedom if the state cannot convict him in another trial. The state has 30 days to decide whether to retry Robinson.

At his stop in Sikeston on Friday evening, Hawley declined to answer specifics about the case, saying only it was under review and his office was doing its due diligence.

The state�s case against Robinson, however, included no physical evidence tying him to the crime � as acknowledged by law enforcement officers in court. Additionally, the state�s two key witnesses, both jailhouse informants, recanted their testimonies, with one of the witnesses saying he lied to be released from jail and receive �witness protection� payments. The other said he was pressured by law enforcement to testify against Robinson, though Missey said it was more likely he was looking for leniency as well. There was also a recorded confession in the case made by Romanze Mosby, who refused to authorize the recording with his signature and later killed himself in his cell.

Hawley declined to answer what evidence his staff might be reviewing in order to retry Robinson.

�Our policy on that is that we don�t comment on that until we�re ready to announce the final decision and the process works its way through,� he said.

�I don�t have anything new on it, actually,� Hawley said. �We are still looking at that decision; ... I guess it�s been a little over a week ago, and we will act and reach a decision as quickly as possible. We need to do our due diligence.�

Hawley did not answer whether his office would review processes of how Robinson�s constitutional rights were violated. The prosecution of Robinson was handled by the AG�s office prior to Hawley winning the office. But the attorney who handled his appeals, Katharine Dolin, still works for the office. She is not accused of violations by Missey or the Supreme Court. It was former assistant attorney general Elizabeth Bock, who handled the case after a request by then-Scott County prosecutor Christy Baker-Neel. Bock is now a judge in Douglas County. In previous comments to the Southeast Missourian, current Scott County Prosecuting Attorney Paul Boyd said the state was considering the question about retrying the case to the state.

Hawley spoke in bigger-picture terms, saying his office is statutorily required to defend the state.

�Unless, under the Missouri Constitution, we believe that there is clear and total evidence this person is not guilty, then we have an obligation (to defend an appeal),� he said. �It is our obligation to defend the appeal.�

The City of Sikeston has asked the U.S. Attorney�s Office to review the case and forward it on for an investigation if it deems appropriate. The office will not say whether an investigation will take place, per FBI policy.

The lead detective in the case, John Blakely, resigned earlier this week after the city took away his gun and badge and moved him to the fire division.

CBS producers from New York were in Missouri this week to report on Robinson�s case. Robinson was interviewed in the Jefferson City Correctional Facility. Reporter Erin Moriarty was among the crew looking into the story.

bmiller@semissourian.com

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