Case Summary
When Robin Berkman was 20 years old he/she was convicted of attempted murder in the second degree and robbery in the first degree in connection with the December 17, 2011 robbery of a convenience store in the Town of Wilmington. Detective Leslie Smith was assigned the case and began pursuing leads. One of Smith's secret informants, "X", notified Smith that someone named Robin was responsible. Smith began pursuing Robin Berkman to determine his/her involvement in the robbery. Berkman lived just a few blocks from the convenience store that was robbed. Berkman was met at his/her apartment by Detective Smith to ask him/her some questions about December 17th. After telling Smith that he/she was not involved in this robbery, Berkman offered to assist Smith in any way that he/she could. Later in the investigation, Smith discovered that Berkman was caught for "tagging" buildings when he/she was younger; one of these buildings being next to the location of the robbery. This discovery led Smith to continue to pursue Berkman for the events that took place on December 17th. Berkman frequently visited the Dover County Sheriff’s Department (“DCSD”), and on one occasion was asked to provide a DNA sample in order to rule him/her out of the investigation as a suspect. Smith also insisted that Berkman receive a polygraph; Berkman accepted and went to the New York State Police facility with his half sister, Kelly Connolly, in order to perform said Polygraph. Berkman stated that he/ she was not involved in the crime to examiner Sam Perkins, however, told Perkins information that was not publicly known and thus incriminating. Smith arrested Berkman soon after and he/she was sentenced to jail time. While in prison, Berkman read up on the Actual Innocence Association (AIA) and realized that he/she could sue for the malicious prosecution. Berkman is suing the county of Dover for his/her malicious prosecution and seeks to be reimbursed for monetary damages.
Case Timeline
Team Roster
2017 Team Roster | |
File Size: | 38 kb |
File Type: | doc |
Defense
Detective Leslie Smith Affidavit | |
File Size: | 324 kb |
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Sam Perkins Affidavit | |
File Size: | 307 kb |
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Dr. Lee Trimble Affidavit | |
File Size: | 313 kb |
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Plantiff
Robin Berkman Affidavit | |
File Size: | 320 kb |
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Kelly Connolly Affidavit | |
File Size: | 304 kb |
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Dr. Randy Corbett Affidavit | |
File Size: | 314 kb |
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Case Law
Relevant Case Law | |
File Size: | 631 kb |
File Type: | zip |