MEMPHIS, Tenn. – A man mistakenly detained for months in the Shelby County Jail is one step closer to a trial. This week, a federal judge ruled the county must turn over any documents and evidence to help Anthony Robertson with his case. His attorney, Andre Wharton, said they’re glad they can move forward and collect what they need.RELATED: FOX13 Investigates suspect in name mix-up case
“The case kind of languished for a little bit for several months, you know, trying to get the information that we needed to move forward,” he told FOX13.
This week, a judge granted a motion to release information that was expunged from the court record. Attorneys for Shelby County claimed they could not turn over the documents for Robertson because his case was expunged when he was released. They cited Tennessee legislation that allows for expunged information not to be dug up.RELATED: Shelby Co. Sheriff’s Office investigating after FOX13 exposes jail name mix-up
“I think the intent of that was for folks who have had their records expunged, for that material not to be disseminated among employers, among the public, but this was not one of those scenarios. He was the person whose record was expunged, and he was asking that it if that information be disclosed, that he could move forward and advance the theories and issues in his case,” said Wharton.
Robertson was released from the Shelby County Jail last summer after it was discovered he was not the correct defendant in a rape and kidnapping case. U.S. Marshals took Robertson into custody in Ohio because he was believed to be Anthony Roberson, who was already in custody at 201 Poplar.
Wharton said this granted motion also allows for other similar cases to be brought to light…