The Story of James Robinson

Hello Poet,

I am assuming that the District Attorney has decided not to pursue this case and that there are no known possible suspects … (You say “verdict”, but I am assuming that there was no trial. If this is not the case, please send me an e-mail).

The usual ways to re-open a case like this is to:

a). Find evidence that was not considered in the original investigation. The evidence should be “without prejudice”, meaning that it “should” not be used to paint a picture customized to your liking (e.g. Shell location, unless you hire an ammunition expert that will testify that a certain gun and a certain ammo will behave in such a way XX% of the time…) and that the evidence should be timely and relevant ( A diary entry 2 weeks before the death that says “… Joe threatened to blow my head off again today if I didn’t pay him for the crank!”, as opposed to an entry from 10 years ago that says “Joe is gonna kill me if he ever finds out I kissed Mike!”). Lack of new evidence, means that your only recourse is to look at the old evidence.

b). Looking at the old evidence. You say no Gun Shot Residue test was done, do you know if there was evidence that showed burns against the skin or clothes? (Many times a detective will not perform test if they know that a burn pattern ALWAYS will show evidence of a gun position). Was the deceased a long time heroine user (Tolerance; You may be passed out at .020 mgs but a long time user may be functional at .85 or higher…. If someone was trying to kill the deceased, USUALLY at 1.5 or higher they will go into coma and never wake up (Emphasis is on usually)). If you and other witnesses know that deceased was not a long term drug user AND they had no access to guns OR Just got engaged AND … (Fill in the blank with other theory’s) then you have enough evidence to contact the District Attorney.

District Attorney: Their job is to seek justice, Period! Many will argue a case into the ground because of their own personal spin or their ego. The D.A. is also relying on your County Coroner to provide his/her expertise on the matter. Is your coroner also your local Funeral Undertaker? If so, you may have to ask the state board of your state to request a Coroners Inquest. (Be forewarned, the C.I. usually is headed by your local coroner). Ask to meet with the D.A. and present your case in a clear and concise manner. If the D.A. refuses to hear your version of what may have happened, you have three clear options:

1). Contact your State Attorney General, ask to present your evidence and see if they can help in your pursuit.

2). Go to court and sue. You can present your evidence in front of a judge and he or she will decide if there is enough evidence to warrant a re-opening of the case.

3). If there is a chance that the deceased was discriminated against ( Gay, Minority, 3xfelon, won a discrimination case against the town, etc.) then you may have a case for Federal jurisdiction. This is a little harder, you have to prove to the Federal Prosecutor that the decedents civil rights were abused. If you know that this is the case, then contact the United States Attorney in your city/state.

None of these options will be quick. Many of these options may require you to shell out some money for tests or private investigators. In any case, If you believe that nothing could be further from the truth than what the police/coroner and the D.A. have concluded, then you are the jury and need to pursue any and all remedies available to you.

Good luck, and sorrow for your loss.

James in San Diego