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  Affidavit Claims Jury Tainted in Father Robinson Murder Trial

By Lisa Rantala
WTOL
February 5, 2009

http://www.wtol.com/Global/story.asp?S=9789413

[with video]

Affidavit claims jury tainted in Father Robinson murder trial

TOLEDO (WTOL) - Did Father Gerald Robinson receive a fair trial in Lucas County? One affidavit filed in court last week claims "no."

Twelve men and women decided Robinson's fate three years ago. They all agreed the Catholic priest murdered Sister Margaret Ann Pahl with a letter opener back in 1980. Or did they?

Robinson's new attorney just filed an affidavit with the court in which a woman claims to have worked with one of the jurors. She said she warned him not to talk about the case during the trial.

Statements written in the affidavit include:

* "But he just laughed my warning off.. and agreed with others who said that."

* "Robinson had sexually abused children and should be put away."

Then, when deliberations started in the high profile case, the woman wrote

* "This juror told me that he and other members of the jury pressured a female black juror to vote guilty, even though she thought Robinson was innocent."

"Something like this is disturbing, but does it meet the requirements to get a new trial?" asks Legal expert Jerry Phillips. He says if this affidavit was filed to request a new trial, it would be an uphill battle. "The problem with this allegation is that it's only an affidavit and it's only one sided."

Prosecutors say they heard nothing of jury misconduct back in 2006. They say they're investigating, but there's no hearing scheduled to discuss a new trial now.

Phillips says, "Anyone could say 'I know this juror. I heard this juror say this.' That alone, you could not get a new trial."

To prove jury misconduct," he tells us, "the actual juror would have to testify to it and what he's said to have done."

For now, Robinson won't be eligible for parole for another 12 years. The Ohio State Supreme Court refused to hear the Gerald Robinson appeal a month ago.

His attorney who filed the affidavit did not return our calls today.

 
 

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