1980's murder case brought to re-trial

NORTH TONAWANDA, N.Y. (WIVB) - Tried and convicted.

For nearly 30 years, Robbie Drake has sat behind bars for murdering two classmates in North Tonawanda.

On Monday, a new trial could change Drake's fate.

Robbie Drake was 17-years-old when he admitted shooting up a 1969 Chevrolet Nova in 1981.

Inside the car, 16-year-old Amy Smith and 18-year-old Steven Rosenthal.

News 4 legal analyst Frank Clark explains what the prosecution won't introduce this time around.

"You can bet your boots they're not going to introduce any kind of psychiatric evidence, like was brought in before because that's the reason the matter was reversed," he explained.

The U.S. Second Court of Appeal ruled there must be a new trial because the prosecution used a witness who lied about his resume, thus tainting the trial.

Clark said the trial will prove tough for both the prosecution and defense.

Clark explained, "Normally the difficulty is witnesses, they die or move away and they aren't available for trial."

He also stated, "Sometimes evidence disappears and people's recollections become very dull."

Drake claimed in 1982, he used the car for target practice and didn't know his classmates were inside.

Rosenthal was shot 16 times and stabbed.

Smith was shot twice.

Drake was caught by police as he tried to stuff Smith's nude body in the trunk of the car.

"Even though, jurors are curious of why someone would shoot 30 bullets into a car that happened to contain two people," Clark exclaimed.

Robbie Drake's re-trial is set to begin Monday in Niagara County.

According to one media report, at some point, the prosecution may organize a field trip to the crime scene for jurors.