Robinson not released from prison; attorney general, Scott County prosecutor release statements saying he should be

JEFFERSON CITY, Mo. � David Robinson�s attorney stormed out of the Jefferson City Correctional facility Monday evening en route to filing an emergency writ of habeas corpus to demand the Department of Corrections release the man exonerated for the murder of Sheila Box in 2000.

Monday was a day of topsy-turvy emotions for Robinson�s family, who left Sikeston, Missouri, at 8 a.m. to make the drive to Jefferson City upon hearing word the Missouri Attorney General�s Office was to make an announcement.

Just before 2 p.m., the Attorney General�s Office issued a one-paragraph document, stating that after careful review, the office recommended dropping the charges. The legal ball was then tossed to Scott County Prosecutor Paul Boyd, who sent a letter to KFVS12, addressed to the prison warden that Robinson �may be released from your custody.�

Attorneys for David Robinson, from left, Steve Snodgrass, Javad Khazaeli and Charlie Weiss gather outside of the Jefferson City Correctional Center after getting word Robinson will not be released Monday in Jefferson City, Missouri.KASSI JACKSON

It is unclear whether Boyd sent the document to the prison or to the Attorney General�s Office, or both. However, lawyers noted Robinson�s case was stricken from an online court records database Monday afternoon.

The warden refused to release Robinson, telling his attorneys she had been instructed by the Department of Corrections� legal team to not release Robinson on Monday. She refused to divulge the reasons why, other than to say they were in communication with prosecutors.

A woman who answered the phone at the Scott County Prosecutor�s Office hung up on a Southeast Missourian journalist when reached by phone Monday.

Attorneys Charlie Weiss, left, and Jonathan Potts read the Missouri attorney general's statement about David Robinson's innocence and release Monday in Jefferson City, Missouri.KASSI JACKSON

The Missouri Supreme Court ruled earlier this month to release Robinson, saying Robinson�s constitutional rights had been violated. The Supreme Court gave the state 30 days to decide whether to retry Robinson or release him.

The letter and Boyd�s motion to dismiss, as reported by KFVS12, symbolized for the first time the state�s prosecutors admitting there is no case pointing to Robinson�s guilt in Box�s murder. Several appeals had failed for various reasons before the Supreme Court appointed special master Darrell Missey to review the case.

It is unclear when Robinson will be released.

Jonathan Potts listens as Jim Wyrsch talks on the phone in front of the Jefferson City Correctional Center on Monday in Jefferson City, Missouri.KASSI JACKSON

Robinson�s family sat in the waiting room of the prison, praying quietly and crying when hearing the news Robinson would not be released Monday.

Robinson�s attorneys, who also assisted Josh Kezer in 2009 during his exoneration of the murder of Angela Mischelle Lawless, were clearly agitated by the news.

Jonathan Potts, one of the attorneys with Bryan Cave Law Firm, briskly walked to his car after a short meeting with the warden, announcing over his shoulder he and others were heading back to St. Louis to file an emergency writ.

Charlie Weiss makes a phone call outside of the Jefferson City Correctional Center on Monday in Jefferson City, Missouri.KASSI JACKSON

�They�re holding him for no cause,� Potts said.

Mary Compton, press secretary for the Attorney General�s Office, said Monday evening the statement issued earlier in the day speaks for itself and the position of the office is Robinson should be released.

However, Department of Corrections officials took the position the directive from the Supreme Court was to release Robinson 30 days after the court ruled, not before.

The matter was up in the air as of Monday night.

Box was murdered in 2000, and Robinson was convicted a year later. The state�s case rested solely on the testimony of two jailhouse informants, one of whom said he saw Robinson shoot Box and the other who said he overheard Robinson admit to shooting her.

Both men recanted.

Additionally, another man, Romanze Mosby, confessed to killing Box to multiple people, including a state public defense investigator, who recorded the confession. That confession, which took place in 2004, was not allowed as evidence because Mosby refused to authorize it with his signature.

bmiller@semissourian.com

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