{"id":119798,"date":"2026-02-02T11:08:09","date_gmt":"2026-02-02T11:08:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/119798\/"},"modified":"2026-02-02T11:08:09","modified_gmt":"2026-02-02T11:08:09","slug":"who-killed-theresa-and-little-tommy-man-seeks-hearing-to-overturn-staten-island-double-murder-conviction","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/119798\/","title":{"rendered":"Who killed Theresa and little Tommy? Man seeks hearing to overturn Staten Island double murder conviction"},"content":{"rendered":"<p class=\"article__paragraph article__paragraph--left\" id=\"WSFPENPRVFFT5CLGFU62RKXMUU\">STATEN ISLAND, N.Y. \u2014 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.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"L5G55XSZKRDLHGI4XBVOTUA27Y\">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.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KPC5VGNPFNCPZJG574GXX4AD3I\">But recent court filings on Robinson\u2019s 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.<\/p>\n<p><img fetchpriority=\"low\" loading=\"lazy\" decoding=\"async\" alt=\"Philip Robinson\" class=\"article__image-content\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/02\/RJPCYAAWCNGZTEU2PJTZWWXLQU.png\"  \/>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)<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ZTWR2527CVDN3K6VZ3SBWRW24A\">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. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7WQT66IZVZAYXOXZAITG4WROHA\">A court appearance to discuss the case before Justice Marina Mundy is scheduled for Feb. 6.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"OCSB2QCZIND77JZYCRNVZ7RRLA\">The motion to vacate comes after a two-year investigation by District Attorney Michael E. McMahon\u2019s Conviction Integrity Review Unit. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"N73D5JRD2ZA5LGG22APA3NQ674\">The unit concluded the conviction was supported by the evidence.<\/p>\n<p>Grisly scene in Tompkinsville<img fetchpriority=\"low\" loading=\"lazy\" decoding=\"async\" alt=\"Brook Street\" class=\"article__image-content\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/02\/XVKWZ3LIU5GIRJH6DF5MNT27VQ.png\"  \/>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)<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"RJWYUQE4BRCP3E6O5T7HWX56F4\">The apartment where the murders occurred was inhabited by Jones, her two children and her common-law husband, Tom Moriarty. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"FQ2CX4WQUNBFPPYYYBO7PLEJRQ\">Robinson at the time was crashing on the family\u2019s couch. Jones\u2019 kids referred to him as \u201cUncle Phil.\u201d He worked two jobs as a cab driver and construction worker. Jones\u2019 family said recently that he was a close friend of Jones and their relationship was platonic.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TT7ZJSTONJEAJIR3TLBTUNDQ2Q\">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.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"JEUTWQWIGBBWZGQOM2AFKWKCNU\">At the crime scene, Moriarty informed police that Robinson\u2019s construction bag had gone missing from the home, according to Robinson\u2019s court filings.<\/p>\n<p>Days into the investigation<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"RIHNY6ZQ2NBLFAWMH67VYAUSUU\">A day after the murders, Robinson\u2019s construction bag containing a bloody hammer was discovered in an abandoned hospital on Castleton Avenue.  <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"OIW7HGRPWNB6BLYDN2LBSVYTHI\">Robinson said previously that upon learning about what happened, he showed up to the 122nd Precinct stationhouse in New Dorp to clear his name. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"QOFR4GJLCJHAFHV6C4JWZCT6OM\">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.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"SW7J3QXIPBHJZCIAKKC5ICUPKQ\">Prosecutors at trial cited a speck of blood on Robinson\u2019s sock. A DNA expert testified that genetic material found in the cells of the blood on Robinson\u2019s 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. <\/p>\n<p><img fetchpriority=\"low\" loading=\"lazy\" decoding=\"async\" alt=\"Thomas Moriarty\" class=\"article__image-content\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/02\/OD6PYEZCBNCAXNMO7NLZEJH3WU.JPEG\"  \/>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<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"44UAQMDQWBAIZJ7N555IVZCL2Y\">In an outburst at his sentencing in 1995, Robinson inferred Moriarty Sr. may have committed the slayings, according to Advance\/SILive.com archives.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"WINN4ZIZUJGM3JU4XG5CVJQNFM\">His court filings allege police \u201cprematurely\u201d cleared Moriarty as a suspect and argue that evidence of anger, domestic conflict, and opportunity were never fully investigated.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Z22OQS7ZOFBQRHJJWKU3MWPGQE\">Dating back to the time of the slaying, Jones\u2019 family had doubts about whether Robinson was the killer. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"LPURZSZZWFFB3NVED6DU4PQTNU\">Jones\u2019 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 \u201cwere broken bones\u201d and that there were \u201cescape plans\u201d if things got too out-of-hand.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"MPIKRATPBRBXNI5DNEMLSIJREQ\">In the moments after the slaying, Jones\u2019 then 11-year-old sister, Franny Rozo, was walking toward the apartment, returning from a doctor\u2019s appointment. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UUBM3HVQNRHQ5OE3CVT5Z666GY\">\u201c(Moriarty) swung the door open and said \u2018there\u2019s a woman and baby dead,\u201d Rozo said. \u201d(Robinson) didn\u2019t do it. I know he didn\u2019t do it.&#8221; <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XUCVVNATJBDKFFZMCXGFHA3PQM\">According to Advance\/SILive.com archives, police at the time had determined Moriarty\u2019s alibi checked out.<\/p>\n<p>Moriarty interviewed in \u201893<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"HZ2XJLLD4FAGVCFZS2QRLLOUSU\">Moriarty was approached in the days following the murders at family member\u2019s house, according to Advance\/SILive.com archives. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"CEB3MFPJRNDRRDRZHHXWGV5CLI\">\u201cI have no family. They killed my family,\u201d Moriarty said from the front door of the home. He then politely declined to speak further with reporters. \u201cIn a couple of days,\u201d he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2HQGK26WCJG3HJSDATDDKEPXO4\">Moriarty died years ago. <\/p>\n<p>Robinson maintains his innocence<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"U2CU6RS4TBFZZECQGI3CMFM2P4\">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.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"JCNN35WORNEN3M3UJW72F2FJW4\">Moments before he was sentenced by then Judge Charles A. Kuffner Jr., he said as much.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UAQGJNG3ZZBC5AOHMYJGDZ2BBU\">&#8220;I\u2019m sorry what happened, but I didn\u2019t do it&#8230; I would never in my life hurt any children,&#8221; Robinson said. \u201cGive me a lie-detector test and to the detective who railroaded me.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PLR64H6MC5BNXPVQHPNFRIQIT4\">He also discussed the latest conclusion from the district attorney\u2019s office.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BM4NEHPAENFRDML7EFZH6TZCFQ\">\u201cThey don\u2019t want to admit that they\u2019re wrong, or that those before them did wrong,\u201d said Robinson.<\/p>\n<p>A wrongful conviction, defense argues<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"QMIY2J4AM5BPLB36D37VSOHOXY\">There are holes in the investigation beginning from the first minutes officers arrived, according to the defense\u2019s court filings. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YUBWTUE7KJEPJGXGIOONWOR3DI\">For starters, police allowed Moriarty to walk through the crime scene before detectives arrived to see if anything was missing, court documents allege. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"H3LOIL3AWZHDHAG6OM2ZN6DNKA\">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\u2019s court filings.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5NCTVE5GSJENBLZO7LEKEFYD2M\">\u201cThere were multiple moves by the lead detective that don\u2019t make any sense in the grand scheme of how homicides are reliably investigated,\u201d said Henning.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IBKQHQZA2RBG3FLTZ4HHOZMSYE\">Robinson said in <a href=\"https:\/\/www.nbcnewyork.com\/video\/news\/who-really-killed-theresa-and-tommie-new-dna-evidence-uncovered-in-1993-slayings\/6434631\/?fbclid=IwY2xjawPsiT1leHRuA2FlbQIxMQBicmlkETFFQlVrZUs1bWNVckdDYVlWc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHl8Ww4LjLgA7MChJY6J2EUTNW8XnSnyeh8Edn6SgnIZTFUGJY_kDuJQeIl5a_aem_23VBYlyIdO-3TlEnQKDA5Q&amp;_branch_match_id=1329797105823083213&amp;utm_medium=share&amp;_branch_referrer=H4sIAAAAAAAAAwXB206DMBgA4LfxzuFgIDFZDAyQIt2s4yDcECjl%2BFNI2dLhhc%2Fu93W327K%2BKQqvKGdym8W4K5dlBz0flVYY4QjkF%2FLqvako9PURyUx9DKX8WvtoD8z%2FvluqBxVBD0zsnk4wupHnEUhEHq%2F7Kj0ndKydLIGUasFLJvOO%2BnZTpoTgAW3YwTqO6OHiIImdVsetZftgpvIQDmFrveJTF2RGoLpxdE7NH37lG%2BtMt%2BbGteUoj7z4I8iK0bkHhCHQy6JkU6FqiZ3BhurLsxaBy8mnY%2Bnk6U%2BwhgnR87aoxCxXJo6nTswT%2BweqvttxAgEAAA%3D%3D\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nbcnewyork.com\/video\/news\/who-really-killed-theresa-and-tommie-new-dna-evidence-uncovered-in-1993-slayings\/6434631\/?fbclid=IwY2xjawPsiT1leHRuA2FlbQIxMQBicmlkETFFQlVrZUs1bWNVckdDYVlWc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHl8Ww4LjLgA7MChJY6J2EUTNW8XnSnyeh8Edn6SgnIZTFUGJY_kDuJQeIl5a_aem_23VBYlyIdO-3TlEnQKDA5Q&amp;_branch_match_id=1329797105823083213&amp;utm_medium=share&amp;_branch_referrer=H4sIAAAAAAAAAwXB206DMBgA4LfxzuFgIDFZDAyQIt2s4yDcECjl%2BFNI2dLhhc%2Fu93W327K%2BKQqvKGdym8W4K5dlBz0flVYY4QjkF%2FLqvako9PURyUx9DKX8WvtoD8z%2FvluqBxVBD0zsnk4wupHnEUhEHq%2F7Kj0ndKydLIGUasFLJvOO%2BnZTpoTgAW3YwTqO6OHiIImdVsetZftgpvIQDmFrveJTF2RGoLpxdE7NH37lG%2BtMt%2BbGteUoj7z4I8iK0bkHhCHQy6JkU6FqiZ3BhurLsxaBy8mnY%2Bnk6U%2BwhgnR87aoxCxXJo6nTswT%2BweqvttxAgEAAA%3D%3D\">a recent interview with NBC New York<\/a> 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\u2019s interrogation.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"MRCBPBY2ARFGRBNPBJC5XOJQRI\">The most compelling evidence, however, has come in the form of DNA testing. It shows that skin cells found under Jones\u2019 fingernails belong to two other unknown individuals, not Robinson, according to court filings on behalf of Robinson.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IG6N6KLKNZC6TOD2PPIIXGFOBY\">\u201cAt minimum, I don\u2019t think any court should have confidence in the verdict,\u201d said Henning.<\/p>\n<p>D.A. responds to motion<img fetchpriority=\"low\" loading=\"lazy\" decoding=\"async\" alt=\"District Attorney Michael E. McMahon\" class=\"article__image-content\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/02\/CJVFAQWNBJBI5CNOUOXUOMX6CM.jpg\"  \/>In this Jan. 15, 2026 photo, Richmond County District Attorney Michael E. McMahon speaks at a press conference held outside of St. Ann&#8217;s R.C. Church in Dongan Hills. (Advance\/SILive.com | Jason Paderon)<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XNX6RQZ5AJAH7IAWCOXBCOEHVU\">The district attorney\u2019s office has issued the following response to the motion:<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IL56G2ILFFEA5NN6WDH4XCXXQQ\">\u201cOur 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 \u2014 an independent body within our office tasked solely with examining claims of wrongful convictions. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"FI45JF7KWFGT5MLCT2TFTEVKP4\">\u201cSince 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. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"OSJ7MI4FZBC5PDAIAFCRYK3E4Q\">\u201cAt 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. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PY7L3UI74FD3HGPAU4KJDVUQ4M\">\u201cAt 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. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"GMRF5R74IZCSHBVPG3XUEUC2VU\">\u201cAs 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.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"STATEN ISLAND, N.Y. \u2014 More than three decades after a mother and her toddler were bludgeoned to death&hellip;\n","protected":false},"author":2,"featured_media":119799,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39],"tags":[9,24,63,134,136,135],"class_list":{"0":"post-119798","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-staten-island","8":"tag-new-york","9":"tag-new-york-city","10":"tag-nyc","11":"tag-staten-island","12":"tag-staten-island-headlines","13":"tag-staten-island-news"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/119798","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=119798"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/119798\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/119799"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=119798"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=119798"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=119798"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}