An inmate doing time for killing his girlfriend in 2002 while on Zoloft is using Nebraska's DNA Testing Act to argue he should be released from prison, given a new trial or re-sentenced.
Randall Robbins isn't saying DNA evidence indicates that someone else strangled 17-year-old Brittany Eurek.
Rather, his attorney Rob Kortus of the Nebraska Commission of Public Advocacy is plowing more novel legal ground by saying genetic testing shows Robbins has a genetic makeup that prevents him from metabolizing the prescription drug as intended by its manufacturer.
It's his contention that that can lead to violent outbursts and suicidal behavior.
Kortus said the testing wasn't available in 2002.
It wasn't until 2007 that the U.S. Food and Drug Administration even adopted a so-called "black box" label warning that Zoloft and other antidepressants can lead to increased risks of suicidal thinking and behavior in young adults between 18 and 24 during initial treatment.
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The night of June 1, 2002, Robbins' mother called 911 after finding Eurek in her son's bedroom not breathing and with red marks on her neck.
Police found Robbins crying with a cloth over his head, saying, "arrest me, arrest me."
He later pleaded guilty to second-degree murder and got 40 to 60 years for it.
But Robbins long has pointed to Zoloft as the reason he killed his girlfriend in what was to be a murder-suicide, and in 2009 he unsuccessfully sued drug manufacturer Pfizer and the Lincoln doctor who prescribed the drug earlier that year for depression.
In 2011, Robbins requested DNA testing but didn't disclose why. The request was denied but came up again in a motion for post-conviction relief. This time, he specifically sought DNA Drug Reaction Profile Testing to determine if he was a poor metabolizer of Zoloft, as some 10 percent of people are.
This year, the testing showed he was.
After Monday's hearing, Kortus said he'll argue that the evidence is enough to show Robbins should be released from prison, granted a new trial or re-sentenced with the new evidence taken into consideration.
Lancaster County District Judge Steven Burns also could find that the evidence didn't rise to the level to warrant any of those steps.
Kortus and Chief Deputy Lancaster County Patrick Condon are expected to submit arguments in briefs to the judge in October and November.