TAMPA, Fla. (WFTS) — The right to a fair trial is cemented in the Sixth Amendment.
Under the United States Constitution, anyone facing criminal prosecution has the right to a speedy and public trial. Judgment comes from a jury of people living within the same district as the court proceedings.
But attorneys for Amos Robinson filed a motion Thursday to block one keyword in the sixth amendment: public.
A portion of the motion reads:
2) "This case has been the subject of unprecedented and highly prejudicial publicity and media attention locally and legislatively at the state level. The history of this case goes back about 40 years, and because of the unique developments that led to the Indictments against Robinson, the media coverage continues.
3) At every court proceeding, however minor or inconsequential, there has been extensive coverage by the press, particularly now that the co-defendant Abron Scott has pled in exchange for his agreement to testify against Robinson.
4) It is anticipated that the press will continue to be active and aggressive in the coverage of all events and proceedings in the case.
Janae Thomas, a Tampa-based attorney and former assistant state attorney, says requests like this one are rare.
"It doesn't happen very often because the burden to do it is so high. The Supreme Court of the United States has said that there has to be an overriding interest in order for the public to not have access to documents, or for the trial or parts of a trial to be sealed," she explained.
Elements of Robinson's case have garnered media coverage over the years.
In 2022, Robinson was charged with the 1983 murder of Barbara Grams.
Another man, Robert DuBoise, was sentenced to death for the murder and spent nearly 40 years on Death Row.
DNA evidence led to the release of DuBoise, identifying Robinson and another man, Abron Scott, in the murder and rape of Barbara Grams instead.
In February of 2024, Tampa City Council approved a $14 million settlement regarding the federal lawsuit between Robert DuBoise and the city.
In 2023, Governor Ron Desantis signed a bill that would award him $1.25 million.
Even with our previous coverage in mind, Thomas doesn't see the attention rising to a level high enough to keep the next steps from the public.
"Some great examples, the George Zimmerman case, the Casey Anthony case, the Ted Bundy case, all of those were open proceedings. So you can see how high the standard is," she explained.
Another motion asks the judge to prevent jury contamination.
Thomas explains our jury selection process has that in mind already.
"It's not whether the person has heard of the case, that's not the standard, the standard is whether they can still remain on a jury and be fair and impartial. If they have heard of the case, you're going to go into details about what they've heard about the case, what they think about the case, if they have any preconceived notions about the case," she added.
Throughout the trial process, she says the commitment to remain impartial is no different.
"A motion like that is really superfluous, right? Because the judges job is already to make sure that the jury is not tainted. That is what they are sitting on the bench doing the entire time. That's their focus. They're putting rules in place. For example, the Florida Supreme Court now has the law in place that the jury cannot take their cell phones back into deliberation rooms. So that process is to prevent people from googling people, from calling their friends."
Thomas stresses that no two cases are the same.
"It is up to the judge and we have seen stranger things happen," she said.
The next trial date is set for September 20. There's currently no date set to discuss the motions.
