Defense Will Appeal Priest's Guilty Verdict, Toledo Blade, May 11, 2006

Defense Will Appeal Priest's Guilty Verdict

Toledo Blade
May 11, 2006

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Defense attorneys for Catholic priest Gerald Robinson said they intend to appeal a Lucas County Common Pleas Court jury's verdict finding their client guilty of the murder of Sister Margaret Ann Pahl on April 5, 1980.

"We certainly respectfully disagree with the jury's verdict and intend to appeal," defense attorney Alan Konop said at a press conference after the trial. "It's been a very difficult verdict. We felt there was reasonable doubt. Obviously the jury disagreed ...That's the way the system works."

Mr. Konop said there were "some appealable issues," but declined to comment further.

Defense attorney Alan Konop, Gerald Robinson, and defense attorneys John Thebes and Nicole Khoury stand for the verdict.
Photo by The Blade/Andy Morrison

However, co-counsel John Thebes said one of the things defense attorneys felt should have been admissible in court was the comments made by Robinson when he was alone in the interrogation room. A tape of some of those comments was played in court, but was largely indiscernible.

Mr. Thebes said that what Robinson said was that Sister Margaret Ann knew the priest "didn't do this. Sister won't you please come through for me?"

Mr. Thebes, a Catholic, was very emotional and near tears at times. He called the loss his worst day professionally as a defense attorney.

"Unfortunately, that's the way it is. I am here to tell you we have done everything we could," he said.

He praised Mr. Konop and the other members of the defense team for working "selflessly and without reward."

Defense attorneys deflected questions from the media about what some observers perceived as Robinson's calm demeanor in court, even when the verdict was announced. Some media observers pointed out that Robinson seemed to change to a more outgoing demeanor when dealing with his attorneys and the jury was out of the courtroom.

"That's who he is," Mr. Thebes said. "What you see is what you got ... He's a mild, meek, generous, non-confrontational person.

Mr. Konop added that "no one ... can understand the pressure of that moment."

The jury deliberated for six hours and 25 minutes yesterday and this morning before delivering its verdict.

Robinson was immediately sentenced to 15 years to life in prison by Lucas County Common Pleas Court Judge Thomas Osowik. Robinson has 30 days to appeal.

Robinson was handcuffed and turned over to jail authorities.

Sister Margaret Ann's nephew, Lee Pahl, said he was relieved by the verdict, but was a bit in shock and needed time to digest the news.

"I'm just kind of spinning around here at the moment," he said.

Claudia Vercellotti, a coordinator of the local Survivors Network of those Abused by Priests or SNAP, said that a letter sent by an unidentified woman that alleged she was abused in a ritualistic fashion had the effect of re-opening the murder case.

Ms. Vercellotti gave the anonymous woman, known as "Jane Doe" in civil court papers, the credit for bringing justice for Sister Margaret Ann.

But she said it's clear to her there has been a cover-up by the Toledo Catholic Diocese in dealing with law enforcement investigating the abuse and the murder.

"This case embodied far more than a murder, if that's possible. It embodied the culture of cover-up. It's time it's cracked," she said. "Justice is a hard word. ... This is the most justice that could be obtained."

Gerald Robinson is lead from the courtroom by court security officer Bob Dietrich after being found guilty.
Photo by The Blade/Andy Morrison

Ms. Vercellotti said she hoped the state would investigate if a crime was committed related to any cover-up of abuse or the murder by the church.

At a press conference after the trial, Lucas County Prosecutor Julia Bates quickly thanked all involved in the trial with a brief statement before passing the podium to Prosecuting Attorney Dean Mandros, who thanked his team for a trial filled with hurdles.

"The fact that the defendant was a priest was obviously a factor we had to deal with," Mr. Mandros said. "But I will tell you that we always believed in the arguments we were making."

When asked what the most convincing elements of his case, Mr. Mandros focused immediately on the murder weapon.

"The emblem on that letter opener is clearly visible on that [altar] cloth," he said.

Ms. Bates said the trial cost $38,000, funded with forfeiture funds.

"I really think $38,000 is a small price to pay for justice in a 26-year-old case," Ms. Bates said.

She added that throughout the trial, she had no solid guess how the jury would lean. "We don't know. We can't know, we never know," Ms. Bates said.

Ms. Bates would not comment on whether her office will pursue any members of the Toledo Catholic Diocese for possible indictment on obstruction of justice charges.

Immediately after the verdict, Bishop Leonard Blair of the Toledo Catholic Diocese released a written statement asking for healing and prayers for all involved in the trial, including Robinson.

"Let us hope that the conclusion of the trial will bring some measure of healing for all those affected by the case as well as for our local church," he said, adding that Robinson is a retired priest who "continues to be barred from any public ministry."

Toledo Diocese spokesman Sally Oberski said the unprecedented murder conviction of a priest has left her and the Diocese at a loss. The Vatican will most likely get involved, she said, but she could not say exactly what the process would be for dealing with the future of Robinson in the church.

"I'm sure [the Vatican] will be involved, yes. And I can't say beyond that," she said. "As of today, his status has not changed from his current status as being barred from public ministry. He's still a priest. We don't know [what's next]. We've never had to deal with this."

The scene in the Lucas County courthouse today was a media frenzy as the verdict was read in the trial that has received national media attention, including live coverage on Court TV.

The murder and trial have captivated the Toledo-area and the nation since it was resurrected as a cold-case investigation in December, 2003, after new evidence was uncovered.

On an April morning in 1980, the day before Easter, Sister Margaret Ann, 71, was strangled and stabbed in the sacristy next door to Mercy Hospital's chapel.

Another nun found her body on the marble floor, where she was preparing the chapel for Holy Saturday Mass.

The nun, a member of the Sisters of Mercy of the Union, was strangled near death, then stabbed between 27 and 32 times in the chest and neck. Her undergarments were pulled down over an ankle.

The brutal slaying shocked the nation, but despite months of intensive media coverage and police work, no killer was found. Homicide detectives eventually shut down the case and packed up their reports and put everything on the shelf for the case to grow cold. But it heated up again in December, 2003.

That month, a Toledo cold-case squad, acting on new information, reopened the investigation. On April 23, 2004, they announced that they were charging Robinson.

He pleaded innocent and posted $200,000 bond, with relatives and supporters putting their homes up as bond equity.

Blade staff writers Christopher D. Kirkpatrick, Tad Vezner, and Erica Blake contributed to this report.

LUNCHTIME CROWD REACTS TO VERDICT

Reaction to today's guilty verdict against Catholic priest Gerald Robinson for the 1980 murder of a nun ranged from shock and disappointment to relief and satisfaction.

Toledo Attorney Janelle Schaller was among many people getting lunch downtown when the verdict was announced. She was surprised the jury returned a guilty verdict in such a short period of time.

"I was not a juror and I did not see all the evidence they saw, but it seemed like a tough case for the prosecution," Ms. Schaller said.

Other people were happy to hear Robinson was found guilty of the murder of Sister Margaret Ann Pahl on April 5, 1980.

Rachel Lewis, who works for the Hylant Group, said many of her co-workers were pleased when the guilty verdict was announced.

"They were glad because a lot of people thought he was guilty, but that he would get off," Ms. Lewis said.

Personally, Ms. Lewis said she was surprised by the verdict because she felt the case was difficult for the prosecution to prove beyond a reasonable doubt.

—Ignazio Messina