STATEN ISLAND, N.Y. — More than three decades after a mother and her toddler were bludgeoned to death inside their Tompkinsville home, the man imprisoned in the double murder is fighting to overturn his conviction.
Philip Robinson, 57, is currently serving a prison sentence of 50 years to life in the 1993 slayings of 27-year-old Theresa Jones and her 2-year-old son, Tommy Moriarty Jr.
But recent court filings on Robinson’s behalf in state Supreme Court in St. George argue the case rested on deeply flawed police work, including suppressed evidence, inconsistent testimony, and alleged misconduct by investigators.
In this 1993 photo, Philip Robinson is led out of a police station on Staten Island after being charged in the murders of Theresa Jones and her 2-year-old son Tommy.(Advance/SILive.com | Tony Carannante)
In 2022, defense attorney James Henning and his team filed a motion for a judge to vacate the conviction based on evidence they say absolves Robinson of the crime.
A court appearance to discuss the case before Justice Marina Mundy is scheduled for Feb. 6.
The motion to vacate comes after a two-year investigation by District Attorney Michael E. McMahon’s Conviction Integrity Review Unit.
The unit concluded the conviction was supported by the evidence.
Grisly scene in Tompkinsville
A current view of Brook Street in Tompkinsville, where Theresa Jones and her 2-year-old son Tommy were discovered bludgeoned to death on the evening of Feb. 25, 1993.(Google Maps)
The apartment where the murders occurred was inhabited by Jones, her two children and her common-law husband, Tom Moriarty.
Robinson at the time was crashing on the family’s couch. Jones’ kids referred to him as “Uncle Phil.” He worked two jobs as a cab driver and construction worker. Jones’ family said recently that he was a close friend of Jones and their relationship was platonic.
On the evening of Feb. 25, 1993, police responded to the residence on Brook Street, where they were met by Moriarty. He told them he discovered the victims bludgeoned to death on the bathroom floor.
At the crime scene, Moriarty informed police that Robinson’s construction bag had gone missing from the home, according to Robinson’s court filings.
Days into the investigation
A day after the murders, Robinson’s construction bag containing a bloody hammer was discovered in an abandoned hospital on Castleton Avenue.
Robinson said previously that upon learning about what happened, he showed up to the 122nd Precinct stationhouse in New Dorp to clear his name.
The lead detective claimed in police reports and testimony, later cited in court filings, that Robinson gave incriminating statements. Robinson, however, denies these statements, and the defense argues they were never properly recorded or signed.
Prosecutors at trial cited a speck of blood on Robinson’s sock. A DNA expert testified that genetic material found in the cells of the blood on Robinson’s sock was consistent with the DNA of Thomas Moriarty Jr., according to Advance archives. There was no other physical evidence conclusively linking him to the crime scene, the defense argues.
On the evening of Feb. 25, 1993, police responded to the residence on Brook Street, where they were met by Thomas Moriarty, above. He told them he discovered the victims bludgeoned to death on the bathroom floor.(Courtesy of Lizziey Bartlett)Family had their doubts
In an outburst at his sentencing in 1995, Robinson inferred Moriarty Sr. may have committed the slayings, according to Advance/SILive.com archives.
His court filings allege police “prematurely” cleared Moriarty as a suspect and argue that evidence of anger, domestic conflict, and opportunity were never fully investigated.
Dating back to the time of the slaying, Jones’ family had doubts about whether Robinson was the killer.
Jones’ daughter, Lizziey Bartlett, now 41 and living in Florida, recalled Moriarty as a heavy drinker who fought often with her mother. In a recent interview, she said there “were broken bones” and that there were “escape plans” if things got too out-of-hand.
In the moments after the slaying, Jones’ then 11-year-old sister, Franny Rozo, was walking toward the apartment, returning from a doctor’s appointment.
“(Moriarty) swung the door open and said ‘there’s a woman and baby dead,” Rozo said. ”(Robinson) didn’t do it. I know he didn’t do it.”
According to Advance/SILive.com archives, police at the time had determined Moriarty’s alibi checked out.
Moriarty interviewed in ‘93
Moriarty was approached in the days following the murders at family member’s house, according to Advance/SILive.com archives.
“I have no family. They killed my family,” Moriarty said from the front door of the home. He then politely declined to speak further with reporters. “In a couple of days,” he said.
Moriarty died years ago.
Robinson maintains his innocence
Robinson, who currently is serving out his time at Sing Sing Correctional Facility in Ossining, New York, maintains that he was working at the time of the murders.
Moments before he was sentenced by then Judge Charles A. Kuffner Jr., he said as much.
“I’m sorry what happened, but I didn’t do it… I would never in my life hurt any children,” Robinson said. “Give me a lie-detector test and to the detective who railroaded me.”
He also discussed the latest conclusion from the district attorney’s office.
“They don’t want to admit that they’re wrong, or that those before them did wrong,” said Robinson.
A wrongful conviction, defense argues
There are holes in the investigation beginning from the first minutes officers arrived, according to the defense’s court filings.
For starters, police allowed Moriarty to walk through the crime scene before detectives arrived to see if anything was missing, court documents allege.
Two days after the murders, the bag and bloody hammer were found in an abandoned hospital by men who lived nearby. The lead detective directed them to search the area for the bag, rather than conducting the search himself, according to Robinson’s court filings.
“There were multiple moves by the lead detective that don’t make any sense in the grand scheme of how homicides are reliably investigated,” said Henning.
Robinson said in a recent interview with NBC New York that he believes he may have been targeted because he is Black and the victims were white. In court filings, his lawyers cite trial testimony in which defense counsel questioned the lead detective about whether he used racial slurs during Robinson’s interrogation.
The most compelling evidence, however, has come in the form of DNA testing. It shows that skin cells found under Jones’ fingernails belong to two other unknown individuals, not Robinson, according to court filings on behalf of Robinson.
“At minimum, I don’t think any court should have confidence in the verdict,” said Henning.
D.A. responds to motion
In this Jan. 15, 2026 photo, Richmond County District Attorney Michael E. McMahon speaks at a press conference held outside of St. Ann’s R.C. Church in Dongan Hills. (Advance/SILive.com | Jason Paderon)
The district attorney’s office has issued the following response to the motion:
“Our office takes the possibility of anyone being wrongfully convicted with the utmost seriousness. That is precisely why we fought vigorously to secure funding for the creation of a dedicated Conviction Review Unit — an independent body within our office tasked solely with examining claims of wrongful convictions.
“Since its establishment, we have overturned convictions when the facts, the law, and justice demanded it. Reasonable people can, and often do, disagree. But in this case, over 30 years ago, 12 reasonable (jurors) that heard evidence, not speculation, concluded that the defendant was guilty.
“At the request of the defense, we agreed to investigate the possibility that this conviction for the murder of a mother and child was wrongful. Over the course of two years, our Conviction Review Unit conducted an exhaustive review of the evidence and interviewed surviving witnesses.
“At the conclusion of that process, we reached the same determination as the jury; the conviction was supported by the evidence. Our justice system provides the defendant with additional legal avenues to pursue beyond our review, and he has chosen to exercise those additional options.
“As a result, this matter is now the subject of pending litigation. Out of respect for that ongoing process, we will not comment further on the specifics of the case outside of our filings and responses to the Court.”