‘I’m outta here’: Convicted killer of Rock Hill parents leaves court in retrial try

In the same York County courtroom where a jury sentenced him to death 20 years ago for killing his parents, James “Jimmy” Robertson appeared Tuesday. He came in for a hearing where he was scheduled to demand a new trial. He was surrounded by six corrections officers wearing flak jackets.

The hearing never happened.

Robertson stayed less than a minute.

Robertson’s lawyers said in court he did not want to have shackles on during court. Security from the South Carolina Department of Corrections said Robertson must have shackles, handcuffs and ankle chains. Judge Keith Kelly agreed.

“Security is up to them,” Kelly said of corrections officials.

Robertson’s response?

“I’m outta here,” Robertson said.

Robertson was then led back to a holding cell and taken out of the courthouse back to death row in Columbia.

Moments later, the scheduled hearing to see if Robertson gets a new trial was postponed because of a possible conflict of interest with his new lawyers.

Robertson’s new lawyers practiced with one of the attorneys in 1999 who helped the defense team that tried to keep Robertson off death row during a trial in York County that was broadcast across America on Court TV.

Robertson, now 45, was convicted for the 1997 knife, baseball bat and claw hammer beating death of Terry and Earl Robertson. Prosecutors successfully argued Robertson killed his parents for $2 million in inheritance.

Prosecutors have said Robertson received a fair trial and a York County jury convicted him of double murder and sentenced him to death because he was guilty. Prosecutors say Robertson should not be granted any more appeals and the death penalty ordered by the jury should be carried out.

Robertson has twice been days from being executed before filing lawsuits claiming he deserves a new trial.

Robertson has been on death row for 20 years, but his new lawyers claim the 1999 trial lawyers failed to do an adequate job. They want an expert on parricide, the crime of killing one’s parents, to be the focal point of a new trial.

But as the hearing began Tuesday, Robertson’s new lawyers Keir Wyble and Emily Paavola confirmed to Judge Kelly that a former peer of theirs worked on the Robertson defense in 1999, so they may not be able to represent Robertson because he claims his 1999 legal team botched the case.

Ed Salter and Melody Brown for the S.C. Attorney General’s office agreed in court that Robertson needs a new, impartial lawyer to advise him whether he can proceed with Paavola and Wyble as his lawyers in the claim for a new trial.

Kelly agreed there needs to be another lawyer appointed to represent Robertson.

No timetable on when the case might be heard was set.