12 Years Later, DM Police Give Up Report
June 17, 2008
The Des Moines Police Department acknowledged the existence of a key piece of evidence that may assist David Flores’ post-conviction suit against the state. Flores is serving life in prison for the 1996 murder of Phyllis Davis.
An FBI interview that the DMPD hadn’t disclosed was entered into the court records after today’s emergency meeting between Judge Don Nickerson, Flores’ attorney Mary Kennedy, and Assistant Polk County Attorney Joe Weeg. In the report, Calvin Gaines identifies Rafael Robinson as the shooter in the accidental drive-by shooting of Phyllis Davis.
(Weeg and Kennedy Discuss the FBI Report)
Although the FBI interview took place on May 22, 1996, it wasn’t until August 1, 1996, that the DMPD reported receiving the information. The FBI interview took place in the Polk County Jail between Calvin Tyrone Gaines and FBI Special Agent Terry Bohle (retired).
From the 1996 interview:
GAINES was shown a photograph of RAFAEL ROBINSON and he stated that was the individual in the Blazer involved in the shooting in which the woman was accidentally killed. GAINES said that the Iowa 90 CRIPS have a contract out on ROBINSON…
A bank executive, Phyllis Davis was driving home from work on April 12, 1996 when she was killed by a .22 caliber bullet.
Rafael Robinson’s murder remains unsolved.
During the hearing, Polk County Judge Don Nickerson said he felt “dismayed” and “queasy” when he opened the newspaper on Tuesday to see:
“what I discussed with counsel as early as yesterday morning on the front page … it makes me nervous when hours after I’ve talked to counsel, in attorney-client or judge-counsel confidentiality, I find what I’ve said … in the media the next day.”
Although he said he would not issue a gag order, Judge Nickerson asked the Flores family not to “try this matter in the press.”
Afterwards, Anthony Flores, whose brother has been behind bars for 12 years, took issue with the judge’s lecture, saying, “They tried him in the press the first time, why shouldn’t it be the same way today?”
(Anthony and Angel Flores listen to Judge Nickerson)
Entry Filed under: 1, Iowa, state. Tags: conviction, Crips, david flores, davis, des moines, dmpd, fbi, flores, gaines, gang, judge, murder, phyllis davis, police, polk county.
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