Article published January 01, 2009
OHIO SUPREME COURT
Robinson's appeal plea turned down
Priest's 2006 conviction in nun's murder stands
Toledo Catholic priest Gerald Robinson, 70, is serving a 15-year-to-life prison sentence in Hocking Correctional Facility in Nelsonville, Ohio. He was arrested by Lucas County cold-case investigators in April, 2004, and convicted in May, 2006, for the murder of Sister Margaret Ann Pahl.
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THE BLADE
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By ERICA BLAKE
BLADE STAFF WRITER
COLUMBUS - Despite defense contentions that Toledo Catholic priest Gerald Robinson did not receive a fair trial because too much time had passed when he was convicted in 2006 for the 1980 murder of a nun, the Ohio Supreme Court yesterday said it would not consider his appeal.
In a brief notation released yesterday, the high court listed the case under the heading "Appeals not accepted for review."
The decision means the opinion of the Ohio 6th District Court of Appeals, which in July affirmed Robinson's conviction, stands.
"Nothing is going to change the outcome of this case," Lucas County Prosecutor Julia Bates said in response to the recent decision. "The State of Ohio did its job, met its burden of proof, and justice prevailed."
Robinson's attorneys said they will consider filing a motion for reconsideration, a request that must be filed within 10 days of the Supreme Court's decision.
| ABOUT THE CASE |
• April 5, 1980: Sister Margaret Ann Pahl, a 71-year-old nun, is found dead in the sacristy, next to the chapel, of the former Mercy Hospital in Toledo on the day before Easter.
• April, 2004: The Rev. Gerald Robinson is arrested in the murder of Sister Margaret Ann.
• May, 2006: Robinson is convicted in the murder.
• July, 2008: Ohio 6th District Court of Appeals affirms Robinson’s conviction.
• Dec. 31, 2008: The Ohio Supreme Court announces it will not consider Robinson’s appeal. |
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If the case does not return to the state court, it will be appealed to the United States Supreme Court, attorney John Donahue said.Robinson, 70, is serving a 15-year-to-life prison sentence in Hocking Correctional Facility in Nelsonville, Ohio. He was arrested by Lucas County cold-case investigators in April, 2004, and convicted in May, 2006, for the murder of Sister Margaret Ann Pahl.
According to evidence at the trial, the 71-year-old nun had been choked nearly to death and then stabbed 31 times in the chest, neck, and face with a saber-shaped letter opener. Her partly naked body was found by another nun on the morning of April 5, 1980 - the day before Easter - on the floor of the sacristy, next to the chapel, of the former Mercy Hospital in Toledo.
Robinson, who retired in 2004 but is still a priest, is not eligible for parole until 2021.
Mr. Donahue said he was disappointed to learn of the Supreme Court's decision but not surprised. He said he would communicate the news to Robinson by letter.
"The first question is for me, do I file a motion for reconsideration, and certainly over the next three or four days, I will make that decision," he said, adding that the high court does not offer reasons for its decision and likely will not reconsider a case unless it has not fully considered a constitutional issue.
Mr. Donahue said a motion for post-conviction relief filed on Robinson's behalf in January, 2008, will remain on hold until a decision is made whetherto ask for a reconsideration.
Claims in the post-conviction motion included ineffective assistance of trial counsel and the failure of the prosecutors to provide exculpatory information in their possession prior to trial. Both state and defense attorneys agreed to hold off moving forward on the motion until the appeal was considered.
"The next step is to file a writ of certiorari with the United States Supreme Court," Mr. Donahue said yesterday.
Mr. Donahue said the basis for U.S. jurisdiction in the case is that the Ohio appellate court decided "an important due process that has not been but should be decided by the United States Supreme Court." Namely, that was whether Robinson was unfairly prejudiced in proffering a defense because of the delay in prosecuting his case.
In the appeal, Mr. Donahue and attorney Rick Kerger claimed that the time delay meant that crucial evidence had been lost, key witnesses had died, and memories had faded between the time of the murder and the priest's arrest 24 years later.
The three judges of the appellate court dismissed the claims, saying "a defendant must show how lost witnesses and physical evidence would have proven the defendant's asserted defense," and that "mere speculation will not be found sufficient."
Dean Mandros, chief of the criminal division of the Lucas County prosecutor's office, said he was not surprised the justices declined to hear the case "because all the alleged issues that were raised were imaginary."
"There was nothing real in terms of prejudice. It was, 'Maybe this, maybe that,'•" he said. "They have to point to something concrete."
Five of the seven justices voted not to hear the case. Justice Paul Pfeifer dissented with the decision and Justice Judith Ann Lanzinger recused herself. There was no explanation given by either justice for doing so.
Justice Lanzinger, a former Lucas County Common Pleas Court judge and onetime member of the Toledo Catholic Diocese's committee on sexual abuse, has routinely recused herself from cases that involve the Catholic Church, particularly those that involved cases of child molestation.
Barbara Blaine, a former Toledoan who is founder and president of the Survivors Network of those Abused by Priests, said there is comfort in knowing that "some level of vindication occurred for the wrongdoing the nun experienced." She added, although the conviction has been upheld, survivors of priest abuse are still "haunted" by their pasts and believe there is a great deal not yet uncovered.
"We're still convinced that someday the truth will be exposed and we're looking forward to that," she said.
Claudia Vercellotti, local coordinator of SNAP, called the decision "bittersweet" because of the possible appeal to the U.S. Supreme Court.
"It's ironic that Mr. Donahue claims the time between Sister Margaret Ann's murder and Father Robinson's arrest denied the priest due process, because it was Catholic officials in collusion with the police department that kept Robinson from being arrested for 24 years," she said.
"The only ones being denied due process for those 24 years were Sister Margaret Ann, the Pahl family, the Sisters of Mercy, and the community."
Mrs. Bates added that the prosecution faced similar detriments because of the lapse of time "and yet we were able to maintain the burden of proof."
The Toledo diocese declined to comment on the case or the court's decision but said that, like other Catholics in the Toledo area, the diocese will continue to pray for Robinson's welfare.
Similarly, John Lewinski, administrator of Our Lady of Toledo Shrine in Oregon, leads a rosary prayer service at 2 p.m. every day and 7 p.m. each Tuesday in the chapel of the Coy Road facility. In their group petitions, participants pray out loud together for Robinson along with many notable Catholics including Pope Benedict XVI and Toledo Bishop Leonard Blair.
"I still believe he's innocent," Mr. Lewinski said this week of Robinson. "And even if he's not, he still could use prayer."
Lee Pahl of Edgerton, Ohio, a nephew of Sister Margaret Ann, said that he watched the trial every day and was convinced "beyond a shadow of a doubt" that the jury reached the right decision. He said the situation has been "long and hard" for his family, adding that he's not surprised that the defense continues to argue on Robinson's behalf.
"Certainly it's their legal right to do so as all these steps have been along the way, but I think each one of these decisions, although I'm not a lawyer, has to make it much, much more difficult for them," he said.
An unrelated civil case remains pending against Robinson before Common Pleas Judge Ruth Ann Franks. Survivor Jane Doe and her husband have filed suit against Robinson, Gerald Mazuchowski, and the Toledo diocese claiming that she experienced sexual and cult-like abuse.
A May 4 trial has been set.
Religion Editor David Yonke and Columbus Bureau Chief Jim Provance contributed to this report.
Contact Erica Blake at:
eblake@theblade.com
or 419-7213-2134.
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