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Thread: Allen Robertson, Jr. - Louisiana Death Row

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    Allen Robertson, Jr. - Louisiana Death Row




    Summary of Offense:

    In 1991, Robertson entered the residence of elderly married couple Morris and Kazuko Prestenback to steal items in order to buy drugs. He stole a 13-inch color TV, a vase and a framed picture and sold them for twenty dollars. He returned and, with a butcher knife, murdered the couple.

  2. #2
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    September 6, 2006

    Death-row inmate still making appeals

    The arrest and prosecution of Allen "Lil Boo" Robertson was big news in the early 1990s. He was twice convicted of first-degree murder - the first 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 second 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)

    http://72.30.186.176/search/srpcache...eGXk5edCMTQQ--

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    On the 9th day of July, 2007, the following action was taken by the Supreme Court of Louisiana in the case listed below:

    STAY DENIED; WRIT APPLICATION DENIED:

    2007-KP-1347 STATE EX REL ALLEN ROBERTSON, JR. v. BURL CAIN (Parish of E. Baton Rouge)

    http://72.30.186.176/search/srpcache...DdfVSXp3iTsw--

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    Judge to determine if death row inmate is ‘mentally retarded’

    Nearly 23 years after an elderly Baton Rouge couple was butchered and more than 18 years after Allen “Lil Boo” Robertson Jr. was convicted and condemned to die for a second time, a psychologist testified Wednesday that Robertson is mentally retarded.

    The mental retardation issue is significant because the U.S. Supreme Court in 2002 barred the execution of mentally retarded people.

    Robertson, 46, of Baton Rouge, is on death row but does not have an execution date for the fatal stabbing of Morris and Kazuko Prestenback in their Dalton Street home on New Year’s Day 1991.

    Dr. Mark Cunningham, who was hired by Robertson’s court-appointed defense team to evaluate his mental health and has earned $45,000 in fees to date, put Robertson’s mental retardation in the mild range.

    “It is my conclusion that he is a person with mental retardation,” Cunningham said in state District Judge Mike Erwin’s courtroom while being questioned Wednesday by Robertson’s lead attorney, Gary Clements, director of Capital Post Conviction Project of Louisiana.

    The state’s expert, Dr. Donald Hoppe, is expected to testify Thursday, as are two psychologists appointed by Erwin to evaluate Robertson.

    Clements and East Baton Rouge Parish First Assistant District Attorney Prem Burns, who prosecuted Robertson at his 1991 and 1995 trials, said the losing side will appeal Erwin’s eventual ruling to the Louisiana Supreme Court. Federal appeals also are anticipated.

    Burns, who said the case has been prolonged by changes in Robertson’s attorneys and past defense motions that sought to disqualify both herself and Erwin from the case, disputes Robertson’s retardation claim and believes the courts will reject it as well.

    “It should pave the way for his execution,” she said after court. “This was a premeditated, controlled crime.”

    Clements stressed a mental retardation finding by the courts would not free Robertson.

    “You’re going to die at Angola one way or the other,” he said, referring to death by lethal injection or a natural death at the state penitentiary. “The question is the timing.”

    “We believe we have some very powerful evidence,” Clements added in regard to mental retardation.

    Cunningham testified Robertson’s IQ testing over the years produced scores of 76 in 1984, 74 in 1995, 66 in 2008 and 73 in 2012 — for an average of 72.5.

    An IQ of 70 is generally held by courts as the threshold to measure mental retardation, although other factors — such as a person’s ability to function in society — also are considered.

    Cunningham said Robertson, who left school in the eighth grade, performed very poorly on achievement tests in school.

    “Just because he was scoring that low, does that necessarily mean he’s mentally retarded or maybe he just didn’t give a damn?” Erwin asked.

    Cunningham said he believes the poor tests results reflected a lack of ability rather than a lack of effort.

    Robertson was first convicted and sentenced to death in July 1991 in the killing of Morris Prestenback, 76, and his wife, Kazuko, 71, in their north Baton Rouge home.

    The state Supreme Court overturned that conviction and sentence in 1994 because of a jury-selection problem.

    Robertson was again found guilty and condemned to die in May 1995. The state high court affirmed that conviction and sentence in 1998.

    Burns argued at both trials that Robertson, who was 23 at the time of the murders, killed the Prestenbacks while burglarizing their home for money to buy drugs.

    The frenzied attack left blood spattered on walls, bedclothes and ceilings.

    Morris Prestenback was repeatedly stabbed in the head, face and chest with a butcher knife that Robertson took from the couple’s kitchen.

    Kazuko Prestenback was stabbed in the chest and back.

    Robertson admitted entering the Prestenbacks’ home through a propped-open back door twice on the night they died.

    The first time, he stole a color television as the two slept in separate rooms, he told detectives in a recorded statement.

    Robertson said he then immediately went down the street and sold the TV for $20 to buy cocaine. After injecting the drug, he returned to steal more from the house.

    Morris Prestenback, who had been asleep, “jumped up” and fought with him, Robertson told detectives.

    “I just started stabbing,” he said. Robertson then encountered Kazuko Prestenback and stabbed her “a bunch of times,” according to the statement.

    Robertson said he took a watch and a wallet containing $260 from the house and left in the couple’s car.

    He told detectives he didn’t mean to kill anyone.

    Dr. Drew Gouvier, who performed a neuropsychological evaluation of Robertson and testified at his 1995 trial, testified Wednesday that he measured Robertson’s IQ at 74.

    He said Robertson performed in the borderline intellectual functioning range.

    “I did not examine him for mental retardation,” Gouvier noted.

    Erwin, in early 2008, declined to overturn Robertson’s 1995 conviction and sentence and also said there was no need for a hearing on the retardation issue because he was able to observe Robertson’s actions during both trials and saw no signs of mental retardation.

    The state Supreme Court, however, ordered Erwin to hold such a hearing.

    http://theadvocate.com/home/7532103-...rmine-if-death
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    Hearing on ‘Lil Boo’s’ competency continued to April

    A hearing will continue in April to determine whether a man on death row for the slaying of an elderly Baton Rouge couple more than two decades ago is mentally retarded.

    Allen “Lil Boo” Robertson Jr. was convicted and sentenced to death in 1995 in the New Year’s Day 1991 stabbing of Morris and Kazuko Prestenback, whose Dalton Street home Robertson burglarized.

    This week, state District Judge Mike Erwin heard testimony from psychologists who say Robertson is mentally retarded — a claim prosecutors dispute.

    The U.S. Supreme Court has barred the execution of people determined to be mentally retarded.

    Due to upcoming scheduling conflicts for the judge, prosecutor and defense attorney, the hearing will not resume until April 21.

    Three psychologists — one an expert for the prosecution and two appointed by Erwin — are still scheduled to testify before a ruling is made. No matter that outcome, the ruling is expected to be appealed to the state Supreme Court and on the federal level.

    http://theadvocate.com/home/7586137-...oos-competency
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  6. #6
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    Attorney for convicted killer Allen “Lil Boo” Robertson Jr. to ask state Supreme Court to remove Baton Rouge judge from case

    One of Allen “Lil Boo” Robertson Jr.’s attorneys said Monday he’ll ask the state’s top court to review a judge’s refusal to disqualify himself from deciding whether the condemned killer is mentally impaired and ineligible for execution in the brutal New Year’s Day 1991 stabbing deaths of an elderly Baton Rouge couple.

    Robertson’s lawyers claim state District Judge Mike Erwin, who presided over Robertson’s 1991 and 1995 capital murder trials, has demonstrated he cannot be fair and impartial in making such an important life-or-death decision.

    East Baton Rouge Parish prosecutors dispute that claim.

    Robertson’s attorneys filed a motion in October asking Erwin to recuse himself, but the judge denied the request last month.

    Gary Clements, one of Robertson’s lawyers, said the Louisiana Supreme Court will be asked to review and reverse Erwin’s ruling, which came without written reasons.

    Robertson’s attorneys argued in their recusal motion that the judge made the following sarcastic statement during an April 2014 hearing: “I’m sure pretty much everybody on death row is retarded now.”

    Prosecutors opposed the motion and contended that the 47-year-old Robertson is simply trying to delay his inevitable execution for the slaying of Morris and Kazuko Prestenback, 76 and 71, respectively, in their Dalton Street home.

    A psychologist hired by Robertson’s attorneys testified in late 2013 that Robertson is mildly mentally retarded, while a psychologist appointed by Erwin testified last spring that Robertson falls within the borderline intelligence range but is not mentally retarded or intellectually disabled.

    Intellectual disability is now the term used to describe what was formerly called mental retardation.

    The U.S. Supreme Court in 2002 barred the execution of mentally retarded inmates.

    The hearing to determine whether Robertson is intellectually disabled was scheduled to resume for several days this week, but it was delayed. New dates have not been set.

    Robertson was 23 when he killed the Prestenbacks while burglarizing their home for money to buy drugs. Morris Prestenback was stabbed repeatedly in the head, face and chest with a butcher knife from the couple’s kitchen. Kazuko Prestenback was stabbed in the chest and back.

    The state Supreme Court reversed Robertson’s first conviction and death sentence in 1994 because of a jury-selection problem.

    Erwin declined to overturn Robertson’s 1995 conviction and death sentence in 2008, and also rejected Robertson’s request for a hearing on his mental retardation claim because the judge said he observed him during both trials and saw no signs of a mental defect.

    The state high court, though, ordered Erwin to hold a hearing.

    http://theadvocate.com/news/12529481...d-killer-allen

  7. #7
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    Supreme Court refuses to remove Baton Rouge judge from the case involving the 1991 killing of an elderly couple

    The judge that Allen “Lil Boo” Robertson Jr.’s attorneys sought to disqualify from deciding whether the condemned killer is mentally disabled and not eligible for execution in the 1991 fatal stabbing of an elderly Baton Rouge couple will stay on the case, the state’s top court has decided.

    Lawyers representing Robertson, also of Baton Rouge, contend state District Judge Mike Erwin’s sarcastic statement during a 2014 hearing — “I’m sure pretty much everybody on death row is retarded now” — shows he can’t be trusted to make a fair and impartial life-or-death decision.

    Erwin refused to recuse himself last year after Robertson’s attorneys asked him to do so, so they took their case to the Louisiana Supreme Court.

    The justices Friday rejected Robertson’s request without comment.

    “We agree with the court’s recent decision denying Robertson’s motion to recuse Judge Erwin,” East Baton Rouge Parish District Attorney Hillar Moore III said Tuesday. “The decision now allows us to move forward and focus on his clams of intellectual disability.”

    Robertson’s attorneys could not be reached for comment.

    Those attorneys maintain he is intellectually disabled, formerly referred to as mentally retarded.

    The U.S. Supreme Court declared in 2002 that mentally retarded inmates cannot be put to death.

    Robertson was 23 when he murdered Morris and Kazuko Prestenback, 76 and 71, respectively, while burglarizing their Dalton Street home on New Year’s Day 1991 for money to buy drugs.

    He has been convicted and sentenced to death twice in the case.

    The state Supreme Court cited a jury selection problem in tossing Robertson’s 1991 first-degee murder conviction and sentence. He was found guilty again and condemned to die in 1995.

    Erwin let stand the second conviction and sentence in 2008, and also denied Robertson’s request for a hearing on his mental impairment claim. The judge noted he closely watched Robertson during both trials and observed no signs of a mental defect.

    Louisiana’s Supreme Court, however, ordered Erwin to conduct a hearing.

    A psychologist hired by Robertson’s attorneys testified in 2013 that he is mildly mentally retarded. Another psychologist appointed by the judge testified in 2014 that Robertson falls within the borderline intelligence range but he is not intellectually disabled.

    Moore said the hearing is scheduled to resume in early April.

    http://theadvocate.com/news/14966759...ling-of-an-eld
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    Senior Member CnCP Legend Mike's Avatar
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    Two psychologists agree that man convicted in 1991 killing of elderly Baton Rouge couple is not intellectually disabled

    A 48-year-old man on death row for stabbing an elderly Baton Rouge couple to death a quarter-century ago is not intellectually disabled, two psychologists testified Monday at a state court hearing that began in 2013 and is expected to finally end this week.

    Allen “Lil Boo” Robertson Jr.’s life literally hangs in the balance because the U.S. Supreme Court declared in 2002 that inmates found to be intellectually disabled, formerly called mentally retarded, cannot be executed.

    Donald Hoppe, who testified Monday as a prosecution expert, and fellow psychologist Curtis Vincent, a court-appointed expert whose testimony started in April 2014 and concluded Monday, both stated they did not find Robertson, of Baton Rouge, to be disabled intellectually.

    Mark Cunningham, a third psychologist hired by the defense, testified in late 2013 that he believes Robertson is mildly intellectually disabled. He was in the courtroom Monday.

    State District Judge Mike Erwin, who has seen the Robertson case span the entire length of his 25-year tenure on the 19th Judicial District Court, will have to decide whether Robertson is intellectually disabled as claimed by his attorneys with the Capital Post-Conviction Project of Louisiana.

    Erwin’s ruling, however, is expected to be appealed to the Louisiana Supreme Court and then to the federal courts. A ruling in Robertson’s favor would not free him but would spare him from execution.

    Robertson was condemned to die for killing Morris Prestenback, 76, and his 71-year-old wife, Kazuko Prestenback, while burglarizing their Dalton Street home a second time on New Year’s Day 1991. He was 23 at the time.

    The case has been prolonged by, among other things, changes in Robertson’s attorneys and unsuccessful defense attempts to disqualify the lead prosecutor, Prem Burns, and Erwin from the case.

    The judge let Robertson’s 1995 conviction and death sentence stand in 2008 while also rejecting his request for an evidentiary hearing on his claim of intellectual disability. The state’s top court later ordered Erwin to hold a hearing.

    Burns, a retired East Baton Rouge Parish assistant district attorney now acting in the Robertson case as special counsel, noted Monday that Robertson’s mother lived on the same street as the Prestenbacks.

    Vincent testified Robertson, who was expelled in the eighth grade, was considered a slow learner but never failed a grade. He worked at St. Vincent de Paul and worked as a babysitter for two families.

    “He doesn’t qualify for the diagnosis” of intellectually disabled, Vincent said.

    Previous testimony revealed Robertson used alcohol and drugs since the age of 12.

    Hoppe said Robertson was not enrolled in any special education classes, and there is no indication of intellectual disability in his school records.

    “I did not see that he met the criteria” for a diagnosis of intellectual disability, he testified. “The data is not supportive of that.”

    Hoppe said it was reported by those who knew Robertson that his behavior changed for the worse when he used alcohol and drugs. Burns argued at Robertson’s trial that he killed the couple while burglarizing their home for money to buy drugs.

    Hoppe’s testimony will resume Tuesday.

    http://theadvocate.com/news/15388082...le-is-not-inte
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    Judge: La death row inmate not intellectually disabled

    BATON ROUGE, La. (AP) - A state judge has ruled that a Baton Rouge man sentenced to death for killing an elderly couple is not intellectually disabled, and therefore may be executed.

    Gary Clements, an attorney for 48-year-old Allen "Lil Boo" Robertson Jr., told The Advocate (http://bit.ly/22Xl7R2) that he will ask the Louisiana Supreme Court to Friday's ruling by District Judge Mike Erwin.

    Robertson was convicted of fatally stabbing Morris and Kazuko Prestenback on Jan. 1, 1991, during a break-in for money to buy drugs. Robertson was 23.

    A defense psychologist said Robertson is intellectually disabled, but Erwin said there is no evidence of that in his school records.

    Erwin gave Clements until Sept. 21 to file his appeal with the state Supreme Court.

    http://www.katc.com/story/31802323/j...ually-disabled

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    Louisiana's Top Court Rules Death Row Inmate Can Be Executed

    Louisiana's top court has ruled that a man sentenced to death for the 1991 fatal stabbing of an elderly couple isn't intellectually disabled, and may be executed.

    U.S. News & World Report

    BATON ROUGE, La. (AP) — Louisiana's top court has ruled a man sentenced to death for the 1991 fatal stabbing of an elderly couple isn't intellectually disabled and may be executed.

    The Advocate reports the state Supreme Court issued an opinion Friday upholding a state judge's ruling in the case of Allen "Lil Boo" Robertson Jr., who was convicted of first-degree murder in the deaths of Morris and Kazuko Prestenback. A 2002 U.S. Supreme Court ruling said intellectually disabled people cannot be executed.

    A psychologist hired by the defense testified at a hearing in 2016 that Robertson is intellectually disabled, while one hired by the prosecutor testified to the opposite. Two court-appointed psychologists split on the issue.

    Robertson's attorneys say they'll seek relief in the federal court system.

    No execution date has been set.

    https://www.usnews.com/news/best-sta...an-be-executed
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