AUBURN, Maine — Prosecutors in an upcoming trial expect the defense to cast doubt on murder defendant accusations of Buddy Robinson’s guilt by seeking to implicate his sister, Brandi Robinson.
Assistant Attorney General Andrew Benson filed a motion in Androscoggin County Superior Court in an effort to limit or weaken the defense’s tactic of introducing an alternative suspect.
Buddy Robinson’s defense attorney, Edward Dilworth, said the state lacks direct evidence in making its case against the defendant.
“It’s really just a ‘he said/she said,’” Dilworth told the judge.
Benson argued Friday that the defense should have to first establish a foundation in support of Brandi Robinson as an alternative suspect.
“I don’t think they have it,” Benson told Androscoggin County Superior Court Justice MaryGay Kennedy.
He said the Maine Supreme Judicial Court has ruled in several cases, acting in its capacity as the law court, that the defense would have to show evidence, such as a confession, physical evidence or a scheme or plan to support an alternative-suspect theory.
“I simply say there’s not enough for him to point a finger at Brandi,” Benson said.
Buddy Robinson, 31, of Lewiston was back in court Friday, two weeks before a jury is scheduled to be selected for his trial, which is expected to last roughly three weeks.
Police believe Robinson, who lived upstairs from Christiana Fesmire, 22, on Highland Avenue in Lewiston, beat and drowned her in her downstairs apartment on the morning of July 1, 2011. They think he wrapped her dead body in a blanket, put it in the trunk of a Lexus and drove it to a wooded area and dumped it. Fesmire’s remains have not been recovered. Robinson was indicted in November.
Dilworth said the only way to show the judge he has enough evidence to support his alternative-suspect theory would be to call several witnesses to testify before the trial, which he hadn’t prepared to do Friday.
Kennedy appeared reluctant to hold another hearing before the trial, taking the matter under advisement.
Brandi Robinson apparently had a rocky relationship with Fesmire. She once had a physical fight with her and had been holding thousands of dollars of Fesmire’s money. Dilworth quizzed witnesses during last year’s bail hearing who said Brandi Robinson had a tendency to fabricate stories and was controlling of people, including her brother.
Dilworth on Friday argued several pretrial motions, including one that would not allow at trial any discussion of text messages between Buddy Robinson and Rebecca Cornell de Houx, a woman who had served with him in the Maine Army National Guard. She had testified at a bail hearing last year that he had texted her on the day Fesmire went missing to say he had badly hurt a woman and that she was dead.
Cornell de Houx said Robinson sent him a spate of text messages the night of July 1 when he was staying at a hotel in Augusta. He told her things weren’t going well. He said he had hurt somebody badly, but he didn’t have to worry about her anymore. Asked why not, he said he would never see her again. When Cornell de Houx pressed him, Robinson said, “She’s dead.” When she asked him if he was serious, Robinson took a moment to reply, then said he was joking.
Kennedy said she would rule on that motion at the time of the trial but she was “leaning” in favor of allowing Cornell de Houx to talk about the text messages.
Dilworth also wanted to exclude a photo of Fesmire from being shown to one of the state’s witnesses who, during last year’s bail hearing, identified her as the victim.
“It’s so prejudicial,” Dilworth said. He also said showing the photo was unconstitutional.
Benson argued the photo was not “unfairly” prejudicial and was not unconstitutional.
Kennedy said she would allow the witness to identify Fesmire in the photo.
Dilworth argued a third motion that would exclude cellphone-tower data from the trial, claiming it was an invasion of his client’s privacy and was not legally obtained by prosecutors.
Benson countered that no cellphone user would have an expectation of privacy regarding the towers that were relaying the signal the caller was using to speak to another cellphone user.
Kennedy said she would rule on that motion later.
Put this monster away he took away a sweet soul.. and needs to be punished……
Yes… how dare that defense lawyer try to create reasonable doubt!
A family that slays together, stays together. I was of a mind to try to be impartial until I saw that picture — that dude COULD kill somebody, it’s right there in his eyes. Seems more like the defense is just smoking up the room, know they’ll never make a real case against the sister, but still create — fabricate — a bit of doubt about him while putting on the dog & pony show. As the old saw goes…
How can ya tell a lawyer is lying?
His lips are moving.
I would not want you on my jury If looks have anything to do with it. I was in a fire as a child and having been wrongly accused I am so glad I went with a judge. DA. did not have his facts straight and case was dismissed . Lets please stick to the facts. Not the Bias we have over looks. I agree Lawyers Lie so do most people. Some are just more likely to be believed . That being said he may have done it. I do not know I am not in the court room . Do not lets looks bias your opinions .
Bobby, there’s an exception to most everything in the world. I was speaking in general and you’re talking about what happened to you personally. Lets not take it where it wasn’t meant to go, okay? LOL Never met the man or shared a word with him, just commented on one evil looking picture. Fair enough?
Fail enough . Just saying listen to the facts . We both have no Idea what they may be just what we read in the paper. The lawyer lying was funny . DAs. are lawyers too . Most more interested in conviction that guilt . I gave you a like. What would be interesting is the real cell phone text .
Doesn’t seem that the facts, or both sides of the facts, make it into the media anymore. LOL
“Benson countered that no cellphone user would have an expectation of
privacy regarding the towers that were relaying the signal the caller
was using to speak to another cellphone user.”
Should read: You have no expectation of privacy on a cell phone, period.
It’s really sad that they haven’t closed this case and that they still can’t find her body rest in peace Christiana you were a good person
It seems odd that prosecutors claim that a defendant must have more basis for an alternative suspect then they themselves have for the defendant himself.