CONROE, Texas – After 18 years and multiple appeals, capital murder charges against Neal Robbins, 41, were dropped by a Montgomery County judge on Thursday.
“The state has moved to dismiss all charges against Neal Robbins. I'm signing an order today,” Judge Mike Mayes said.
Robbins was sentenced to life in prison in 1999 for the strangulation murder of his girlfriend's 17-month-old daughter, Tristen Rivet. Robbins was baby-sitting the toddler while her mother was at work. Her mother, Barbara Hope, came home to find the girl wasn't breathing. Paramedics were unable to revive her.
Hope sobbed softly in court when Mayes ordered bailiffs to remove Robbins' handcuffs and shackles.
Outside the courtroom, Hope told reporters, “I'm sorry but I don't believe that Mr. Robbins is innocent. But he's the one who has to face God, not me.”
Robbins' conviction rested heavily on the testimony of former Assistant Harris County Medical Examiner Patricia Moore, who testified the cause of death was homicide due to asphyxiation. But Moore recanted that testimony in 2007.
But the Texas Court of Criminal Appeals still declined to throw out Robbins' conviction in 2011. It took more appeals and finally a change in Texas law to allow retrial in the case of flawed forensic evidence before the appeals court vacated Robbins' capital murder conviction.
Robbins' legal team was headed by current Channel 2 News legal analyst Brian Wice.
“Justice sometimes is supposed to be blind, but it's not supposed to be deaf, dumb and stupid. And there were times in this case when I thought that's exactly what happened,” Wice said Thursday.
District Attorney Brett Ligon moved to dismiss the capital murder charge against Robbins for lack of evidence.
“Seeking justice as a prosecutor means you have to do the right thing, and it's an emotionally difficult decision but legally it wasn't,” Ligon said.
Robbins said little as he left the Montgomery County jail Thursday afternoon, except for an apparent reference to Tristen.
“That's all I want to say, that's all I want to say, I loved her...that's it,” Robbins said.
He was met at the jail by friends and family members who drove him away after his release. Robbins didn't say what his plans are. His attorney says Robbins for now will be living in Montgomery County.