We got the Innocence Project to take his case, but our high court won't.
The Supreme Court of the United States has denied certiorari in Father Gerald Robinson's appeal, reports WFIN and The Toledo Blade.
According to another piece in the Blade, Father Robinson's case will be featured in an episode of Forensics: You Decide on Investigation Discovery at 10 p.m. on Monday, Oct. 12.
In its October 5 summary disposition order (page 7), the Court denied leave without comment.
It's disappointing, but I've come to expect disappointment in this sad affair. The next step in the criminal litigation is a hearing on the many motions pending before Lucas County Judge Gene Zmuda. The case has been the subject of repeated continuances for months. In September, Father Robinson's attorneys filed objections to these postponements and asked for oral argument, but the prosecutor was given until November 2 to file more pleadings.
So maybe there will be a hearing... in a month... or two or three....
I really do think they're waiting for him to give up the ghost.
I can't blame Judge Zmuda entirely for his dawdling. Sometimes I wish I'd never heard of this case, too.
SCOTUS won't step into this because there is far too much at stake. Regardless of the DNA evidence, almost eighty years of investigative techniques could be rendered worthless if the court finds for Robinson. The repercussions of such a decision could be catastrophic for criminal cases and appeals courts all over the country. If they rule in favor of the prosecutors then they risk setting a precedent where DNA is considered unreliable. Neither ruling would be palatable and as the court showed in 2004 when it essentially "punted" on Elk Grove Unified School District v. Newdow, they don't have the guts to make a tough decision. I hate to think what our country would look like if such a court presided over Brown v. Board of Education.
Posted by: Inspector Winship | October 06, 2009 at 09:02 PM
Inspector Winship, it's a very cynical view of things that you have here. But it makes more sense than any other theory I've seen and would explain a lot.
Posted by: laura | October 08, 2009 at 11:31 AM
Is truth and justice not important in our judical system? It seems simple to me. They should want the truth, no matter what it is.
I have set my dvr to record the forensics you decide episode. Maybe it will help to get more
publicity for the case.
My prayers are for the truth to prevail.
Posted by: MCM | October 11, 2009 at 03:36 PM
laura,
don't become discouraged. your banter with dave yonke was quite interesting although quite confusing. there is a special one hour segment on the "investigative discovery" channel tonight at ten p.m.( channel 203 in toledo )this is monday, october 12th. also, the "columbus dispatch" has yet to print their latest in a series concerning the ohio "innocence project."
it will deal with father robinson whom they visited with for an hour and a half. i spoke with the reporter for 35 minutes. if you haven't already done so, you can easily find the past articles in the series on the dispatch site. although the reporter told me the report will be unbiased i believe they believe he is innocent.
with gratitude, as always
tom robakowski
Posted by: Thomas A Robakowski | October 12, 2009 at 06:52 PM
Laura,
be sure to check tomorrow's edition of the "columbus dispatch." (sunday, october 18th).
just talked to someone who visited father robinson and he said the article would be in the paper.
Posted by: Thomas A Robakowski | October 17, 2009 at 09:43 PM
The article is in the paper.
http://www.dispatch.com/live/content/multimedia/robinson/index.html
One of the points that was noteworthy to me is that at least one of the jurors has received death threats? Absolutely amazing.
Posted by: HolyToledo | October 18, 2009 at 03:21 PM