Post by CCADP on Aug 13, 2005 20:43:22 GMT -5
Judge warns death row inmate time running out to file suit
After spending 6 years on death row for killing his parents, a Rock Hill
man says he still hasn't decided if he will file a lawsuit against his
trial lawyers and prosecutors or even if he wants a new lawyer.
James Robertson was convicted of double murder for beating his parents to
death in 1997 with a hammer and baseball bat. Prosecutors claimed
Robertson killed Terry and Earl Robertson for their estate of more than $2
million. They say he tried to cover up the crime by making it appear that
his parents had been robbed.
Robertson had received permission in February to drop all his appeals and
be put to death.
But with his execution just weeks away, Robertson filed court papers in
June saying he deserved a new trial because his defense attorneys were
ineffective and prosecutors committed misconduct during his 1999 trial.
The South Carolina Supreme Court ruled unanimously to give Robertson time
to file the appeal, called post-conviction relief.
Robertson told Judge John Few in a hearing in Greenville on Friday that he
plans to file the appeal, "but not right away."
"I have a year to file ... I have 365 days. Whether I wake up tomorrow or
wake up in 350 days and decide to file, I don't know," he said.
But Few and Ed Salter of the state Attorney General's Office told
Robertson he has just 60 days from the time the lawyer issue is resolved
to file a suit, or the Department of Corrections can set a date for
execution.
Robertson told the judge he was wrong. "That's not the way I read it," he
said.
Few, appointed by the Supreme Court to handle the post-conviction relief,
told Robertson he should have a lawyer. Robertson said he only wants a
lawyer who will respect his wishes.
If Robertson decides not to get a lawyer, Few then will have to determine
if the decision was voluntarily made. York County Judge John C. Hayes III
has ruled twice that Robertson was mentally competent to both fire his
lawyer and drop his appeal.
Few said he would compile a list of lawyers to be sent to Robertson.
Robertson on Friday broached the idea of again representing himself
through the potential lawsuit.
In court in February during a hearing about dropping the appeal, Robertson
admitted killing his parents. His reasons for dropping the appeal, not
wanting lawyers or waiting to file court documents still remain unclear.
The 60-day deadline for Robertson to file a lawsuit begins after the
lawyer issue is resolved, Salter said. Another hearing is set for Sept.
23.
(source: Associated Press)
After spending 6 years on death row for killing his parents, a Rock Hill
man says he still hasn't decided if he will file a lawsuit against his
trial lawyers and prosecutors or even if he wants a new lawyer.
James Robertson was convicted of double murder for beating his parents to
death in 1997 with a hammer and baseball bat. Prosecutors claimed
Robertson killed Terry and Earl Robertson for their estate of more than $2
million. They say he tried to cover up the crime by making it appear that
his parents had been robbed.
Robertson had received permission in February to drop all his appeals and
be put to death.
But with his execution just weeks away, Robertson filed court papers in
June saying he deserved a new trial because his defense attorneys were
ineffective and prosecutors committed misconduct during his 1999 trial.
The South Carolina Supreme Court ruled unanimously to give Robertson time
to file the appeal, called post-conviction relief.
Robertson told Judge John Few in a hearing in Greenville on Friday that he
plans to file the appeal, "but not right away."
"I have a year to file ... I have 365 days. Whether I wake up tomorrow or
wake up in 350 days and decide to file, I don't know," he said.
But Few and Ed Salter of the state Attorney General's Office told
Robertson he has just 60 days from the time the lawyer issue is resolved
to file a suit, or the Department of Corrections can set a date for
execution.
Robertson told the judge he was wrong. "That's not the way I read it," he
said.
Few, appointed by the Supreme Court to handle the post-conviction relief,
told Robertson he should have a lawyer. Robertson said he only wants a
lawyer who will respect his wishes.
If Robertson decides not to get a lawyer, Few then will have to determine
if the decision was voluntarily made. York County Judge John C. Hayes III
has ruled twice that Robertson was mentally competent to both fire his
lawyer and drop his appeal.
Few said he would compile a list of lawyers to be sent to Robertson.
Robertson on Friday broached the idea of again representing himself
through the potential lawsuit.
In court in February during a hearing about dropping the appeal, Robertson
admitted killing his parents. His reasons for dropping the appeal, not
wanting lawyers or waiting to file court documents still remain unclear.
The 60-day deadline for Robertson to file a lawsuit begins after the
lawyer issue is resolved, Salter said. Another hearing is set for Sept.
23.
(source: Associated Press)