A Columbus man who was granted a new trial by the Mississippi Supreme Court for the 2005 murder of his on-again, off-again girlfriend in Oktibbeha County will have to wait a bit longer before he gets a new day in court.
The second murder trial of Floyd Robinson was set to begin Monday in Oktibbeha County Circuit Court, but was continued until May because Robinson needs additional time to prepare, according to court records.
In 2007, Robinson was convicted of the Nov. 30, 2005, shooting death of Bridget Moore and sentenced to life in prison. Robinson appealed to the Mississippi Court of Appeals, but the nine-judge panel confirmed the conviction with a 5 to 4 vote.
Robinson”s case then went before the Mississippi Supreme Court and the Supreme Court reversed the circuit court and Court of Appeals and called for a new trial.
At issue was whether a videotaped interrogation of Robinson by police should have been allowed into evidence and shown to the jury during his trial. During the interrogation, police refer to previous domestic violence allegations made against Robinson by Moore and another girlfriend, Marilyn McKinney.
Although Robinson later took the stand in his own defense — he claimed Moore pulled a gun on him and the pair wrestled for control of it before it went went off, killing Moore — the Mississippi Supreme Court determined the jury was shown inadmissible evidence. Mississippi law does not allow the state to admit evidence of previous crimes to show the character of the defendant.
The Supreme Court ruled the circuit court erred by allowing the jury to see the videotaped interrogation and, subsequently, the claims of domestic violence against Robinson before he even took the stand.
“Not only had the damage been done with respect to the jury being presented with inadmissible, prejudicial evidence, but also Robinson”s constitutional right to testify (or refrain therefrom) had been compromised,” the Supreme Court said in its ruling. “Based upon the admission of this evidence, Robinson was presented with the options of either taking the witness stand in an attempt to mitigate the prejudice caused, or foregoing that right and permitting the jury”s consideration of such evidence without a response. Subsequent testimony does not cure this error.”
According to court documents, Robinson was at Moore”s home the night of Nov. 30, 2005, and the pair were watching TV in bed. An argument ensued after Moore allegedly made a comment about McKinney.
Robinson claims he was trying to leave when Moore struck him in the back. When he turned around to get his keys, he claims he saw Moore with a gun.
The pair began wrestling for the gun and eventually fell outside the house, Robinson says. Then, the gun went off accidentally, he claims.
Robinson”s new trial is scheduled for May 2.
In other court business Monday, Judge Lee Howard sentenced Jennifer Henderson to five years in the Mississippi Department of Corrections for embezzlement. Henderson also faces five years of post-release supervision and must pay a $1,000 fine and $1,578 in restitution.
Howard sentenced Ronnie McGee to 30 years in the MDOC, with 15 years suspended, for the sale of cocaine. McGee also faces five years of post-release supervision and must pay a $5,000 fine.
Judge Jim Kitchens sentenced Malcolm Smith to five years in the MDOC for simple assault on a law enforcement officer, but suspended the sentence and instead gave Smith five years of probation. Smith also must pay a $400 fine.
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