Legal Update March 2023
In 2022 Rob's legal team gained a new lead attorney, who, along with his existing team, worked tirelessly to argue Rob's innocence with the District Court. Not only did they do an outstanding job with their filings, but also managed to uncover further Brady material that the prosecution had YET AGAIN failed to hand over to the defence.
All their hard work was not in vain. In March 2023, the District Court ordered that Rob had met the requirements to be allowed to proceed with his Brady claim, stating:
"This Court has presided over hearings which have questioned the trial representation Will received and the integrity of the evidence showing his guilt. As time has passed, Will has poked more and more holes in the case that the State presented at trial. This Court has previously expressed deep misgivings about the state of the evidence and given voice to weighty concerns about Will’s conviction. This Court has “lament[ed] the strict limitations placed upon it” by federal habeas law in light of the “disturbing uncertainties,” “total absence of eyewitness testimony or strongly probative forensic evidence,” and “considerable evidence supporting Will’s innocence...
The question at issue is whether the Anti-Terrorism and Effective Death Penalty Act (AEDPA) will allow Will’s successive petition containing the Brady claim to proceed... Will has met the legal standards which will allow his Brady claim to be heard."
As always, we would like to thank not only Rob's legal team but all of you for your support in the fight to bring Rob home.