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Mobile, AL (WALA ) — Circuit Court Judge John R. Lockett dismissed a 30-year-old rape case against 46-year-old Timothy Lee Robinson on Friday.
“The defense found a loophole in the law and the judge agreed with them and so the defendant is going to be released and we’re powerless to prosecute him for raping a 3 year old girl,” said Tandice Hogan, a Mobile County Assistant District Attorney.
Robinson was arrested in December after a rape kit from a 1989 rape of a 3-year-old was linked to him. Robinson was 17-years-old at the time of the alleged crime which meant he would need to be tried in juvenile court, however, the law back then was written in a way that said when a suspect turned 21 it was out of their jurisdiction as well.
“I do think it’s a miscarriage of justice in that because of the lapse of time that’s the sole reason this defendant is going to be released, it has nothing to do with lack of evidence,” Hogan said.
Authorities say a CODIS hit, matching DNA, identified Robinson as the offender. Robinson was charged with rape first degree.
When the 3-year-old victim was sexually assaulted, she was being cared for by a family friend. The victim’s family, at the time of the incident, stated they did not know the offender. Further investigation revealed that the family actually knew the suspect and did not disclose the assault to the victim.
For the defense team, the judge’s decision is what had to happen.
“I don’t think it is unfair to call it a technicality,” said Matthew Peterson, Robinson’s defense team. “It’s a gap that existed in the law back in 1989 that has been fixed since.”
The DA’s office said they are not happy about today’s decision, they say they will continue to test rape kits to make sure victims get the justice they deserve.
“This is something we did not foresee happening, this is something the defense attorney filed a motion on and the judge agreed with him, but that doesn’t mean that we’re going to quit in our efforts to identify and apprehend sex offenders,” Hogan said.
Robinson previously had been convicted in a sex abuse case involving an 8 year old, he was released from prison last year in that case.
Below is the order of dismissal:
“This matter is before the Court on the Defendant’s Motion to Dismiss for Want of Jurisdiction. The Defendant was indicted by the Mobile County Grand Jury for Rape in the First Degree for an offense that was alleged to have occurred on June 28, 1989.
It is well-settled in Alabama that the law “in effect at the time of the offense controls” the prosecution of that offense. See e.g. M.A.M. v. State, 177 So.3d 222, 224 (Ala. Crim. App. 2015). At the time of the alleged offense in 1989, the Alabama Juvenile Justice Act was in effect. That Act provided that the juvenile court had original and exclusive jurisdiction over any offense involving a child who is under 18. There was no automatic transfer provision allowing certain offenses to be automatically brought in Circuit Court without a transfer order by juvenile court. Thus, any offense involving a child under 18 at the time of the offense must be prosecuted in juvenile court unless the juvenile court transferred the matter to Circuit Court after a transfer hearing.
The parties agree that the Defendant’s true date of birth is December 27, 1971. Therefore, at the time of the alleged offense, Mr. Robinson was 17 years old. This means that the juvenile court would have original and exclusive jurisdiction over any offense Mr. Robinson was alleged to have committed at the time of this alleged offense. Without the juvenile court transferring this matter to this Court, this Court has no jurisdiction over the Defendant. Seeing as there is no such order, this Court is without jurisdiction to preside over this matter.
Therefore, it is hereby ORDERED, ADJUDGED, and DECREED that this matter is DISMISSED DUE TO LACK OF JURISDICTION.”
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