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Rilya Wilson case witness takes Fifth

A refusal to testify leads a judge to set bail for the woman accused of killing a foster child.

MIAMI - A judge ruled Tuesday that Geralyn Graham, the woman accused of murdering foster child Rilya Wilson, deserves to be released on bail after the key witness against her refused to testify.

Although Graham, 59, will stay behind bars until May at earliest while serving a sentence for an unrelated motor vehicle fraud conviction, her attorney said the decision by Circuit Judge Andrew Hague to grant bail suggested the prosecution's case is weak.

"This additional murder charge is based on nothing," said the lawyer, Brian Tannebaum. Bail on a first-degree murder charge in Florida is rare.

Hague announced his decision after Robin Lunceford, 42, repeatedly invoked her Fifth Amendment right against self-incrimination when asked about Graham. Graham was indicted after Lunceford told investigators Graham confessed to her in jail to killing Rilya.

Lunceford, who has a lengthy criminal record, has since been convicted of armed robbery and could get life in prison when sentenced Sept. 9. Her lawyer, Ellis Rubin, said he advised Lunceford against testifying Tuesday because he intends to ask for a new trial in her robbery case.

"I don't want her to give any testimony that might jeopardize my arguments for a new trial," Rubin told reporters.

Tannebaum, however, said Lunceford's refusal to answer any questions Tuesday indicates she no longer is interested in testifying against Graham, now that she has less to gain because of the robbery conviction.

"I think that says a lot about this case," he said.

Hague set bail for Graham on the murder charge at $100,000, which would be added to the $150,000 bail previously set on a kidnapping charge, for a total of $250,000.

Graham sat passively in court in a maroon jail jumpsuit during the hearing.

Police think Rilya, whose body has never been found, was dead more than 15 months before the state Department of Children and Families realized in April 2002 that she was missing. She was supposed to be under state supervision, with monthly visits by a caseworker, after being taken from a drug-addicted mother.

Graham and Pamela Graham, an unrelated woman who lived with her, claimed Rilya was removed from their home by a state worker in January or February 2001. Police and prosecutors say that was a lie.

The girl's disappearance triggered a review of the state's child protection system and led to resignations by the DCF chief and some Miami administrators and caseworkers.

[Last modified August 24, 2005, 01:14:20]