Video related to this article is available below.Issue date: 2/1/07 Section: News
Robb to face preliminary hearing today
Defense, prosecution to duke it out over evidence in case
Emily Babay
Economics professor and accused murderer Rafael Robb will find out today in a preliminary hearing if his case will move to trial.
Robb, 56, was arrested in connection with the murder of his wife, Ellen Robb, on Jan. 8. Ellen Robb was found dead in the couple's home in Upper Merion on Dec. 22.
Robb's preliminary hearing will take place in the Upper Merion Township Building today at 9 a.m before District Judge William Maruszczak.
In order for the judge to send the case to trial, the prosecution must provide a sufficient level of evidence - a prospect that seems anything but determined.
Francis Genovese, one of Robb's lawyers, said the prosecution is "held to a very low burden of proof at this time," so that prosecutors will only have to prove that a crime was committed and that Robb was involved in some way in order to hold the charges.
But even that low standard may not be enough to send the case to trial, Philadelphia criminal attorney Patrick Artur said.
"My view of the case is that it's extremely weak," he said, explaining that the lack of a murder weapon and the large amount of circumstantial evidence will be detrimental to the prosecution's efforts.
"This will be a very tough case for the Commonwealth to prove," he said. "You can't just show that someone's alibi is inaccurate and that someone is dead and then take someone to trial. You need more than that."
Artur said prosecutors should emphasize the fact that the physical evidence from the broken glass windowpanes of a door in the rear of the home is inconsistent with the theory of someone breaking into the house.
"That's the strongest evidence," he said. "If I were the DA, I would focus on that."
Other evidence in the prosecution's favor includes inconsistencies in Robb's alibi and the reportedly imminent divorce involving Robb and his wife, which could possibly provide motivation.
Artur added that the prosecution is likely to present evidence at the hearing that has not already been leaked to the press.
Robb, 56, was arrested in connection with the murder of his wife, Ellen Robb, on Jan. 8. Ellen Robb was found dead in the couple's home in Upper Merion on Dec. 22.
Robb's preliminary hearing will take place in the Upper Merion Township Building today at 9 a.m before District Judge William Maruszczak.
In order for the judge to send the case to trial, the prosecution must provide a sufficient level of evidence - a prospect that seems anything but determined.
Francis Genovese, one of Robb's lawyers, said the prosecution is "held to a very low burden of proof at this time," so that prosecutors will only have to prove that a crime was committed and that Robb was involved in some way in order to hold the charges.
But even that low standard may not be enough to send the case to trial, Philadelphia criminal attorney Patrick Artur said.
"My view of the case is that it's extremely weak," he said, explaining that the lack of a murder weapon and the large amount of circumstantial evidence will be detrimental to the prosecution's efforts.
"This will be a very tough case for the Commonwealth to prove," he said. "You can't just show that someone's alibi is inaccurate and that someone is dead and then take someone to trial. You need more than that."
Artur said prosecutors should emphasize the fact that the physical evidence from the broken glass windowpanes of a door in the rear of the home is inconsistent with the theory of someone breaking into the house.
"That's the strongest evidence," he said. "If I were the DA, I would focus on that."
Other evidence in the prosecution's favor includes inconsistencies in Robb's alibi and the reportedly imminent divorce involving Robb and his wife, which could possibly provide motivation.
Artur added that the prosecution is likely to present evidence at the hearing that has not already been leaked to the press.
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