State rebuffs court report on Robinson

The State of Missouri continues to defend David Robinson's conviction.

In a 76-page document, submitted by Attorney General Joshua Hawley and released early Friday evening, the state has asked Missouri's Supreme Court to revise its report from special master judge Darrell Missey to correct "erroneous findings of facts and conclusions" in Robinson's appeal in the 2000 murder case of Sheila Box.

Missey was appointed by the Supreme Court to serve as special master to hear the details of the case and make a recommendation to the court.

Last month, Missey contended Robinson had met the standard for an "actual innocence" claim. Missey's report specifically called out Sikeston (Missouri) Department of Public Safety detective John Blakely, who Missey claimed was not credible in the case.

Missouri Attorney General Josh Hawley speaks at a news conference June 23 in St. Louis.Jim Salter ~ Associated Press

Hawley disagreed.

"This court should revise its report and remove its conclusions that Blakely lied under oath, that he suppressed exculpatory evidence, and that he knowingly proffered unreliable evidence as those foundations lack support in the record," Hawley's report, prepared by Katharine Dolin, said.

The response stated, "this court should re-evaluate its findings and limit itself only to those that can be supported by the record."

Robinson's conviction was held together by the testimony of two jailed informants, both of whom have recanted against their best interest. Furthermore, a different suspect confessed to the Box murder four years after Robinson's conviction, and his confession lines up with other testimony in the case, particularly the location of the death and where witnesses saw Box driving her SUV. The man who confessed, Romanze Mosby, was considered a suspect in the months before Robinson's trial, but neither Blakely nor anyone with the Sikeston Department of Public Safety pursued that lead. Instead, that investigation was led by then-Scott County deputy Bobby Sullivan.

Detective John Blakely with the Sikeston (Missouri) Department of Public Safety exits the Jefferson County Courthouse after testifying before a special master appointed by the Missouri Supreme Court on Aug. 24 at the Jefferson County Courthouse in Hillsboro, Missouri.Laura Simon

Mosby confessed on tape to the crime in 2004 but refused to sign an affidavit. Mosby died after hanging himself in his cell.

Blakely testified in 2015 he did not know Mosby was a suspect at around the time of the murder or else he would have looked into it, denying three times that he recalled Mosby being a suspect. In August 2017, he changed his testimony in front of Missey, saying he was aware Mosby's name came up. A Southeast Missourian investigation last year found Blakely was investigating Mosby and/or his brother in at least three other crimes, and Blakely knew Mosby possessed the same caliber gun that killed Box. Mosby was also initially a suspect -- after being picked out of a lineup -- in a shooting injuring Box's fiance's son, though another man was ultimately convicted in the shooting.

Following Missey's report, the city of Sikeston placed Blakely on paid administrative leave and asked the U.S. Attorney's Office to look into the case. Officials at the federal office declined to confirm whether they received an inquiry, based on policy. An official said, however, the office is not an investigative body. In cases like these, the office would examine the case, then forward it to an investigative agency, such as the FBI.

The attorney general also objected to Missey's conclusions about Blakely's reasons for the timing of interviews and whether Blakely would have known Albert Baker, the state's key witness at trial, was already a paid informant.

Hawley's report also attacked the credibility of witnesses who said they saw Box's vehicle the night of the murder and took issue with Mosby's recorded confession.

It is unclear when the Missouri Supreme Court will issue a ruling on Robinson's case.

bmiller@semissourian.com

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