Post by Anja Nieser on Sept 6, 2006 13:05:37 GMT -5
Death-row inmate still making appeals
T he arrest and prosecution of Allen "Lil Boo" Robertson was big news in
the early 1990s. He was twice convicted of first-degree murder - the 1st
conviction erased by the trial judge's error during jury selection - and
twice sentenced to death.
Robertson was 23 when he confessed to police that he stabbed an elderly
couple, Morris Prestenback, 76, and his wife, Kazuko, 71, during a robbery
at their Dalton Street home in 1991.
Some of Morris Prestenback's wounds were more than 7 inches deep, and some
penetrated the bedroom floor. His 90-pound wife was stabbed as she tried
to hide under her bed after witnessing the attack on her husband, police
have said. While Robertson's case has stalled, other death-penalty cases
have moved along the appellate road.
The last significant action in Robertson's case occurred in 1998 when both
the Louisiana Supreme Court and U.S. Supreme Court refused to overturn his
2nd conviction and death sentence.
Those rulings marked the end of the 1st of a 3-legged appeals process.
Robertson's court-appointed attorney, John deGravelles of Baton Rouge,
explained the case remained stalled for years because constitutional
questions remained about the funding of death-penalty cases when the
defense attorney works for free, as deGravelles is for Robertson.
DeGravelles says the Louisiana Supreme Court halted appeals in cases such
as Robertson's because the Louisiana Indigent Defense Assistance Board was
not providing money for expert witnesses to "pro bono" attorneys such as
deGravelles. Defense attorneys hired by the indigent board or the Capital
Post Conviction Project of Louisiana get money for appeals, DeGravelles
said.
That required pro bono lawyers either to dig into personal accounts for
thousands of dollars to launch appeals on broad constitutional grounds, or
the defendant had no means of mounting an appeal.
DeGravelles informed state District Judge Mike Erwin this summer there was
a good chance the indigent board would provide money soon to hire experts
to investigate possible areas of appeal.
"I think Allen Robertson will be on death row longer than I'll be a
judge," Erwin told deGravelles.
DeGravelles said he put in a request last year for part of the $300,000
the indigent board put up to help pro bono lawyers cover costs for
experts.
The money went to other cases - such as the defense of Henri Broadway,
convicted in the 1990s in the killing of Betty Smothers, a Baton Rouge
police officer.
"That money almost immediately got sucked up," deGravelles said. "It isn't
an issue any more."
Kevan Brumfield, Broadway's co-defendant, already has completed the 2
layers of appeal on the state level.
And on Aug. 11, he had his 1st hearing on the final leg in federal court.
Broadway and Brumfield were convicted and sentenced to death in 1995, the
same year as Robertson's 2nd conviction and sentence.
Ed Greenlee, the indigent board's executive director, said Robertson will
get funding during this fiscal year, which began July 1. The Louisiana
Indigent Defense Assistance Board again put up $300,000 to cover experts
for defendants represented by pro bono attorneys.
"If it comes out that we need more, we'll have to readdress it," Greenlee
said.
Prosecutor Jeanne Rougeau, assigned to handle Robertson's appeal, is
cautiously optimistic that Robertson's case could shift back into gear
with indigent board funds.
She's concerned deGravelles wants experts to challenge some of the facts
presented during trial. The time for that ended in 1998 when the Louisiana
and U.S. Supreme courts upheld Robertson's conviction and death sentence.
Now is the time to bring up broader, constitutional challenges, such as
whether Robertson had sufficient representation at trial, Rougeau said.
In legal filings before the Louisiana Supreme Court, Rougeau says
Robertson now claims to have been molested as a child and needs an expert
on sexual abuse.
That's a new claim not raised during either of Robertson's trials or
during his initial appeal.
"They want a 2nd bite at the apple," Rougeau said. "They want to hire an
investigator to look at every aspect of the case."
(source: The Advocate)
T he arrest and prosecution of Allen "Lil Boo" Robertson was big news in
the early 1990s. He was twice convicted of first-degree murder - the 1st
conviction erased by the trial judge's error during jury selection - and
twice sentenced to death.
Robertson was 23 when he confessed to police that he stabbed an elderly
couple, Morris Prestenback, 76, and his wife, Kazuko, 71, during a robbery
at their Dalton Street home in 1991.
Some of Morris Prestenback's wounds were more than 7 inches deep, and some
penetrated the bedroom floor. His 90-pound wife was stabbed as she tried
to hide under her bed after witnessing the attack on her husband, police
have said. While Robertson's case has stalled, other death-penalty cases
have moved along the appellate road.
The last significant action in Robertson's case occurred in 1998 when both
the Louisiana Supreme Court and U.S. Supreme Court refused to overturn his
2nd conviction and death sentence.
Those rulings marked the end of the 1st of a 3-legged appeals process.
Robertson's court-appointed attorney, John deGravelles of Baton Rouge,
explained the case remained stalled for years because constitutional
questions remained about the funding of death-penalty cases when the
defense attorney works for free, as deGravelles is for Robertson.
DeGravelles says the Louisiana Supreme Court halted appeals in cases such
as Robertson's because the Louisiana Indigent Defense Assistance Board was
not providing money for expert witnesses to "pro bono" attorneys such as
deGravelles. Defense attorneys hired by the indigent board or the Capital
Post Conviction Project of Louisiana get money for appeals, DeGravelles
said.
That required pro bono lawyers either to dig into personal accounts for
thousands of dollars to launch appeals on broad constitutional grounds, or
the defendant had no means of mounting an appeal.
DeGravelles informed state District Judge Mike Erwin this summer there was
a good chance the indigent board would provide money soon to hire experts
to investigate possible areas of appeal.
"I think Allen Robertson will be on death row longer than I'll be a
judge," Erwin told deGravelles.
DeGravelles said he put in a request last year for part of the $300,000
the indigent board put up to help pro bono lawyers cover costs for
experts.
The money went to other cases - such as the defense of Henri Broadway,
convicted in the 1990s in the killing of Betty Smothers, a Baton Rouge
police officer.
"That money almost immediately got sucked up," deGravelles said. "It isn't
an issue any more."
Kevan Brumfield, Broadway's co-defendant, already has completed the 2
layers of appeal on the state level.
And on Aug. 11, he had his 1st hearing on the final leg in federal court.
Broadway and Brumfield were convicted and sentenced to death in 1995, the
same year as Robertson's 2nd conviction and sentence.
Ed Greenlee, the indigent board's executive director, said Robertson will
get funding during this fiscal year, which began July 1. The Louisiana
Indigent Defense Assistance Board again put up $300,000 to cover experts
for defendants represented by pro bono attorneys.
"If it comes out that we need more, we'll have to readdress it," Greenlee
said.
Prosecutor Jeanne Rougeau, assigned to handle Robertson's appeal, is
cautiously optimistic that Robertson's case could shift back into gear
with indigent board funds.
She's concerned deGravelles wants experts to challenge some of the facts
presented during trial. The time for that ended in 1998 when the Louisiana
and U.S. Supreme courts upheld Robertson's conviction and death sentence.
Now is the time to bring up broader, constitutional challenges, such as
whether Robertson had sufficient representation at trial, Rougeau said.
In legal filings before the Louisiana Supreme Court, Rougeau says
Robertson now claims to have been molested as a child and needs an expert
on sexual abuse.
That's a new claim not raised during either of Robertson's trials or
during his initial appeal.
"They want a 2nd bite at the apple," Rougeau said. "They want to hire an
investigator to look at every aspect of the case."
(source: The Advocate)