David Robinson freed from prison

JEFFERSON CITY, Mo. -- David Robinson walked away a free man Monday night, after nearly 18 years of being incarcerated for a murder he did not commit.

His exoneration, which began May 1, was completed late Monday after some fierce legal wrangling. Finally, close to 10 p.m., the Department of Corrections relented its position. It temporarily argued the Supreme Court had ordered Robinson to be held for 30 days or for there to be a retrial.

Robinson emerged from the prison into the lobby wearing in a red T-shirt, red shorts and a pair of black Nikes.

He embraced his mother, Jennett, and his wife, Pat Jackson, and broke down in an emotional release.

He thanked his attorneys, Judge Darrell Missey and the family of Sheila Box -- whom he had been convicted of murdering -- for their support in his fight for freedom.

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

David Robinson runs to hug his mother, Jennett McCaster, after being released from the Jefferson City Correctional facility Monday in Jefferson City, Missouri.Kassi Jackson ~ Southeast Missourian

But it had been unclear whether he would be released Monday, when the Department of Corrections stalled the process.

Robinson's attorneys argued the Supreme Court ordered his release at a maximum of 30 days or the order of a retrial.

Both the Missouri Attorney General's Office and the Scott County Prosecuting Attorney's Office issued statements the charges would be dismissed. It was the first time since 2000 that Missouri's prosecutors would admit there is no case against Robinson for the Box's murder.

Robinson's attorneys were preparing an emergency Habeas writ, arguing the Missouri Department of Corrections was illegally holding Robinson prisoner when there were no charges against him and when his sentence had been vacated.

But about 9:15 p.m., Robinson's family received word the DOC's attorneys ordered Robinson to be released, and prison employees returned to the Jefferson City Correctional Center to process Robinson.

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

"At this point, there's frustration, but I'm glad they're going to do the right thing and he will be released tonight," said Jim Wyrsch, one of Robinson's attorneys. "He's been in prison way too long, but I'm ecstatic he's getting out."

Robinson's family, having supported Robinson's innocence for the duration of numerous appeals, endured a tumultuous emotional ride Monday.

Having left Sikeston at 8 a.m., they arrived in Jefferson City about an hour before the attorney general was expected to make an announcement.

Family members erupted in emotion when the AG's letter was read aloud. Jennett McCaster, Robinson's mother, dropped to her knees and exalted tearful prayers when hearing the words of the Missouri's Attorney General's Office:

"After a thorough review of the order of the Missouri Supreme Court in State ex re. David Robinson v. Jay Cassady ... as well as an evaluation of the evidence available for a future retrial of State v. David Robinson ... this office recommends that the pending criminal charges against David Robinson be dismissed and he be released from the custody of Jefferson City Correctional Center Warden Jay Cassady."

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

Later, Scott County Prosecutor Paul Boyd followed suit.

Several family members quietly prayed inside the waiting room of the prison when learning Robinson might not be released right away. For a large portion of the day, Robinson's family was kept in the dark as to why the prison would not release him. Robinson's attorneys learned of several developments through media reports.

Robinson was convicted of the murder of Box on the testimony of two jailhouse informants, one of whom was paid more than $2,000 in a "witness protection" program. Both witnesses recanted their testimonies. Albert Baker, who originally testified he saw Robinson shoot Box, said he made up the story to get out of prison.

Another man, Romanze Mosby, confessed the crime to several individuals, including once on tape to an investigator with the Missouri Public Defender's Office, but Mosby refused to authenticate the recording with his signature, and the confession was not allowed as evidence in Robinson's appeals.

Judge Darrell Missey, a special master appointed by the Missouri Supreme Court, studied the case and recommended the exoneration to the Supreme Court. He heard the confession as part of the proceedings. He also was very critical of how the case was handled by the Sikeston (Missouri) Department of Public Safety as well as prosecutors.

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

The Supreme Court ruled Robinson met a "gateway" claim of actual innocence, meaning his constitutional rights were violated.

After Missey issued his ruling, the City of Sikeston contacted the U.S. Attorney's Office to ask for an investigation into the case, and the lead detective, John Blakely, who resigned last week after being stripped of his gun and badge and moved to the city's fire division.

"The City of Sikeston, our city council, and the Department of Public Safety have said from the beginning that we would honor and respect the state courts and Missouri Attorney General's decisions regarding David Robinson's case," city manager Jonathan Douglass said in an emailed statement. "The situation has been a difficult one for our community, and especially for the families involved. We will continue to move forward to ensure that we have a community that offers opportunity and quality of life to all of our citizens."

Robinson said he was glad Sikeston's police were exposed throughout his proceedings, and said he would not return to Sikeston for fear of the police. Robinson admitted his misdeeds and lifestyle, for which he served prison time. But he always maintained his innocence for the Box murder.

"I know I'm being held to a higher standard," Robinson said about life going forward. "I can only say it's only just begun."

bmiller@semissourian.com

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