14 Robin family members and friends continued to press the claim that Robin was

14 robin family members and friends continued to

This preview shows page 58 - 60 out of 134 pages.

14. Robin, family members, and friends continued to press the claim that Robin was innocent and wrongfully convicted. Robin contacted officials with the Actual Innocence Association (“AIA”) to have Robin’s case reviewed. Representatives from the AIA reviewed the trial transcript, interviewed Robin, and conducted their own investigation. That investigation turned up an individual named Robin Carmichael, who had a lengthy criminal history, including robbery and the use of a weapon. Importantly, Robin Carmichael was one of the three individuals with the first name “Robin” known to Detective Smith after Smith obtained information from confidential informant “X.” While the AIA representatives could not find
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 53 any documentation that Detective Smith had investigated whether Robin Carmichael was involved with the December 17 robbery, Detective Smith purports to have checked out Carmichael and determined that Carmichael was not involved with the December 17 robbery. 15. As part of their investigation, representatives from the AIA traveled to the correctional facility where Robin Carmichael was incarcerated. The AIA representatives spoke with Robin Carmichael in the presence of Carmichael's court-appointed attorney. Carmichael, serving a lengthy term for murder as a result of a botched robbery in July 2013, claimed not to know Robin Berkman. Further, while Carmichael did not admit any role in the December 17 robbery, Carmichael told the AIA representatives that Carmichael regularly “worked” in the County of Dover, and specifically, in the Town of Wilmington. Carmichael was very familiar with the convenience store and provided information about the robbery which was not publicly known. The AIA representatives believed that Robin Carmichael may well have been the individual responsible for the December 17 robbery. 16. As part of their investigation, the AIA representatives also attempted to confirm Robin Berkman's claimed presence in the nearby Village of Briarcliff at the time of the December 17 robbery. AIA investigators could not definitively prove that Robin Berkman was in Briarcliff. Further, the investigators noted that Briarcliff is just minutes from the convenience store. The AIA investigators also spoke with Robin Berkman and Kelly Connolly about the contacts between Robin and Detective Smith and what transpired at the polygraph examination. 17. Representatives from the AIA then contacted the Dover County District Attorney, who initially was reluctant to reopen the case. However, the District Attorney agreed to have an investigator interview Robin Carmichael. During that interview, Carmichael acknowledged involvement in the December 17 robbery. Carmichael reiterated that Berkman was not involved. Based upon that interview, the investigator reported to the District Attorney that, in his opinion, Robin Berkman had been wrongfully convicted of the December 17 robbery and that Robin Carmichael was the perpetrator. The District Attorney then opened up a formal
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  • Spring '17
  • mrs callman
  • Test, The Land, attorney, Mock Trial Subcommittee

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