Missouri attorney general recommends release of David Robinson

Missouri Attorney General Josh Hawley recommended today that David Robinson be released from prison after the Missouri Supreme Court had earlier ruled that Robinson's constitutional rights had been violated during his murder trial.

In a letter to Scott County Prosecutor Paul Boyd, Hawley wrote that "this office recommends that the pending criminal charges against David Robinson be dismissed and he be released from the custody of Jefferson City (Missouri) Correctional Center."

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 in Sikeston, Missouri.

Judge Darrell Missey, appointed by the Supreme Court as special master in the case, said Robinson had exceeded the standard for "free-standing" 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's case against Robinson 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.

Check back for more on this developing story.

bmiller@semissourian.com

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