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Man acquitted of murder charges claims wrongdoing by CPD, files suit

209 views · Published 12 June 2018 · 2:12 · Indexed 25 September 2026

Channel: LOCAL 12 · 2018 · News & Politics

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CINCINNATI (WKRC) - A major lawsuit filed against the Cincinnati Police Department on Friday claims officers hid crucial DNA evidence in a murder trial and may have a systemic problem big enough to bring another round of federal oversight.

Joshua Maxton is suing the city and two police officers on the murder case that kept him in jail for seven months while on trial.

Facing a life sentence, Maxton was ultimately acquitted.

Maxton's lawsuit claims the DNA evidence that freed him was in police possession for months, but was not turned over to Maxton's lawyers as required by law.

There was DNA evidence on a soda can that police found at the murder scene in Avondale of 18-year-old Robin Pearl in June, 201, but it was DNA of another suspect that was identified by two witnesses at the shooting scene and did not belong to Joshua Maxton, the man Cincinnati Police charged with the murder.

“Our argument is at that moment in time, in October the police knew they had no probable cause to say Josh Maxton was the murderer,” said Jennifer Branch, Maxton’s attorney.

Now, Joshua Maxton is suing the City of Cincinnati and Detective Bill Hilbert and his supervisor, then- Sergeant Jeff Gramke, because the evidence they are required by law to share with his defense was not turned over.

“The police didn't even tell the prosecutor that they had this exculpatory evidence,” said Branch.

Now, in addition to going after damages for Joshua Maxton, Attorney Jennifer Branch will be looking for evidence of a possible systemic breakdown in the police department that could reopen many decided cases and bring the federal government back into an oversight role at CPD.

“If we find there is a systemic problem, we will ask for that remedy,” said Branch.

There's no question police are required to provide all the evidence they gather to defendant’s attorney's, but the issue is whether the Maxton case is a mistake or a system flaw.

“Based upon my experience, this type of activity in law enforcement is not widespread,” said retired judge Norbert Nadel.

Joshua Maxton was found not guilty of murder in June of 2016.

No one else has been charged in the death of Robin Pearl.

A spokesperson for the police department says they are aware of the lawsuit, but cannot comment on pending litigation.

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