Judge: David Robinson is innocent; prosecutor and police violated due process; recommendation to go before Mo. Supreme Court

A judge appointed by the Missouri Supreme Court issued a report Friday saying a Sikeston, Missouri, man convicted of murder is innocent. The judge recommended the justices exonerate David Robinson for Sheila Box�s murder and proclaim his innocence.

Furthermore, the judge, a �special master� in this court arrangement, said police and the former assistant attorney general who tried the case �knowingly presented false testimony about the setting� of key testimony and �failed to take any steps to correct that false testimony.� In doing so, Judge Darrell E. Missey wrote, they violated Robinson�s due process. Elizabeth Bock tried the case for the Missouri Attorney General�s Office in 2001. She is now judge of the 44th Judicial Circuit. During trial, Bock poked holes in several alibi witness testimonies, as they offered contradicting timelines as to when Robinson attended and left a fish fry. No physical evidence was presented that tied Robinson to the murder.

Robinson was convicted of Box�s August 2000 murder on the testimony of two witnesses, Albert Baker and Jason Richison. Both recanted their testimonies years after the conviction, and another man, Romanze Mosby, confessed on tape in 2004 that he, not Robinson, killed Box.

The case has been appealed numerous times, and Robinson�s current lawyers believe the appeal before the Supreme Court would be the last best chance for Robinson to attain an exoneration. Mosby refused to sign an affidavit confirming his confession in 2004, though he told the notary public the recording was true, according to testimony by the notary public. But the confession was rejected by previous judges and not allowed as evidence due to the lack of signature. Years later, within 24 hours of Mosby reading a newspaper article reporting Robinson had retained the Bryan Cave law firm to represent him, Mosby killed himself in his prison cell and could not be called to testify. Mosby had only a few weeks remaining on his prison sentence. His confession contained details about the shooting corroborated by witnesses who said they saw Box�s SUV at the time of the shooting. The location of the SUV supported the location of Mosby�s confession, but not Baker�s testimony.

Bryan Cave issued a response to the recommendation, which stated, �We are highly encouraged by Judge Missey�s ruling, which paves a clear pathway toward David�s complete exoneration. We look forward to the Missouri Supreme Court�s final resolution of David�s case.�

The law firm declined to comment further as a matter of ethics until the Supreme Court issues its ruling.

David Robinson's brother, Reggie Robinson, red shirt far left, and mother, Jennett McCaster, lead their family in prayer after the second of six days of testimony before a special master appointed by the Missouri Supreme Court on Aug. 3 at the Jefferson County Courthouse in Hillsboro, Missouri. LAURA SIMON ~ Southeast Missourian file

Missey�s reference to the violation of due process centered around Richison�s early claim he and Robinson were cellmates, when the two never shared a cell. Richison told police he overheard Robinson say, �I shot the bitch, who cares.� Despite police and prosecutors knowing Richison never stayed in the same cell, Richison was allowed to testify. In post-conviction appeals, the attorney general�s office argued even though the two were not cellmates, they were housed in the same section of the jail and did share common spaces at different times.

�The Petitioner�s writ of habeas corpus should be granted, and the conviction of David Robinson should be vacated,� Missey wrote. �The Petitioner has proven by clear and convincing evidence that he is actually innocent of the murder of Sheila Box, such that the correctness of the judgment against David Robinson is completely undermined.

�Even if a freestanding claim of habeas corpus were not available, the Petitioner would still be entitled to habeas corpus relief because he established a gateway claim of actual innocence by proving his innocence by a preponderance of the evidence and showing that constitutional violations at trial have resulted in his conviction. The evidence clearly shows that David Robinson did not kill Sheila Box, greatly exceeding the preponderance of the evidence necessary to pass through the �gateway� to have previously barred constitutional violations considered.�

While Missey focused his critical remarks on the Richison lie about sharing a cell with Robinson, the entire case was riddled with falsehoods, questionable characters and serious accusations of police misconduct. Baker, facing threats of prison time for perjury, eventually admitted to making up his story about watching Robinson shoot Box. Baker was in jail at the time he came forward as a witness, and as a result of his testimony he was put into witness protection. He was supplied apartment accommodations and other payments. He admitted he was a drug addict and said he lied in order to get out of jail.

Richison, who was diagnosed and taking medication for schizophrenia, claimed he lied at trial after pressure and abuse at the hands of police in jail. He also claimed police supplied him with information about the murder. Police denied the accusations.

The lead detective in the case from the Sikeston Department of Public Safety, John Blakely, contradicted his own testimony over the course of the appeals. He first stated he didn�t know Mosby was a suspect in the murder, but later acknowledged he knew Mosby was a suspect and being investigated by then-Scott County deputy Bobby Sullivan. This is significant because at the same time Blakely was investigating the Box murder, he also was investigating Mosby and his brother for a handful of other violent gun crimes; Blakely knew for instance that Mosby had in his possession the same caliber of gun used to shoot Box. Mosby was convicted of shooting a man who was a witness in his brother�s gun crime case. Many records dealing with Mosby�s shooting conviction were lost by the Sikeston Department of Public Safety, officials told the Southeast Missourian in response to an open records request. Additionally, the Missouri Attorney General�s office could not provide taped recordings of Sullivan�s interviews with Mosby and other suspects in response to another open records request, even though the recordings were documented in other court records in the case and were said to have been in possession of the attorney general�s office. The attorney general�s office told the Southeast Missourian last year its record-keeping was lax under previous administrations and the current attorney general�s administration had invested in better software and processes to track evidence in old cases.

In a letter published in the Sikeston Standard-Democrat, city officials, who had declined to be interviewed before the Southeast Missourian published articles revealing claims of police misconduct stated in court records, wrote later the Southeast Missourian was using �innuendo� in its reporting.

�This case is 17 years old,� stated the letter, signed by Mayor Steven Burch, mayor pro Tem Ryan Meredith and five council members. �There have been changes in leadership and staff of the Sikeston Department of Public Safety (DPS). There are continuous oversight efforts to hold our detectives and officers to the highest standard of integrity and conduct. To the extent that any mistakes are made or the standards of expectation are not followed, the Chief of the DPS, the Sikeston City Manager and Sikeston City Council will address those issues in a private or public manner when needed with the most transparency possible.

�I can say that I have confidence in our DPS Chief and the entire department,� the statement, published in August 2017, continued. �If any issues need to be addressed or come to light through the Special Master�s hearing or recommendation, we will fully investigate and move to action. To say that something 17 years ago taints our DPS force is not appreciated. We cannot allow innuendo and written word to prejudge our actions or intentions.�

The Southeast Missourian sent an email to city manager Jonathan Douglass early Friday evening seeking comment. Douglass responded, saying the city �will have a statement at an appropriate time. I will be back in touch.�

One witness in the case, who was scheduled to testify at trial that Baker told him he was lying about Robinson, later said in depositions he skipped trial because Blakely called him the night before and threatened him with drug charges if he showed up at court. Blakely denied the claim in depositions later.

Baker claimed Blakely gave him a �blue, football-shaped� pill before having him take a polygraph test. Charges were filed against Robinson after Baker passed the test. Blakey denied the allegation.

It�s unclear whether the state will take up legal issues with the special master or the Supreme Court as it relates to Missey�s recommendation. It�s also unclear when a hearing will be set for the Supreme Court to make a ruling.

The attorney general�s office did not immediately respond to a request for a statement late Friday afternoon.

Robinson�s brother Justin Robinson said Friday, the news was �overwhelming� and �I can�t sit down. I broke down and cried so many tears of joy.�

After so many appeals failed, Justin Robinson said, �It�s almost too good to be true. I�ve had to pinch myself.�

For background on the case, please see www.semissourian.com/lifewithout.

bmiller@semissourian.com

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