SC man on death row wants to be executed, but defense lawyer says slow down
A Rock Hill man who has been on South Carolina’s death row for 26 years for killing his parents wants to drop his appeal and die.
But yet another lawyer appointed to represent James “Jimmy” Robertson now says in a court filing he wants more court hearings and a medical expert to examine Robertson — despite Robertson himself saying he wants to fire his lawyers and decide on whether he dies by firing squad, electric chair, or lethal injection.
The recommendation comes even though prosecutors say Robertson’s competency has never been an issue since he killed Earl and Terry Robertson in 1997 with a claw hammer and baseball bat to try and get more than $2 million in inheritance and insurance. Prosecutors also say Robertson should be able to decide for himself if it’s time to die.
The report from lawyer John Warren III, filed Thursday, recommends more testing and hearings. Robertson, however, wants Warren to tell U.S. District Court Judge Timothy Cain that he wants to fire his lawyers and end his life.
Robertson: One of Rock Hill’s well-known killers
A York County jury sentenced Robertson, 51, to death in 1999 after Terry and Earl Robertson were killed at their Rock Hill home two years earlier. Robertson, a former Eagle Scout and Georgia Tech student, killed them then tried to cover up the crime and make it look like a break-in, prosecutors said in a trial broadcast nationwide on Court TV.
Robertson was caught in Philadelphia hours after the killings. Authorities had evidence that included the murder weapons, bloody clothes, and more.
He’s been on death row ever since. His state court appeals have failed. But a 2011 stay of execution remains in place after Robertson filed a federal lawsuit over his death sentence.
There have been several national television specials on Robertson since that examined the brutal crime.
The latest report: Concerns over mental health
Even with Robertson wanting to be executed, Warren recommended another round of testing Robertson’s mental acuity in the new report this month. That report reiterates concerns voiced by two other court-appointed Robertson attorneys about how voluntary Robertson’s push to die is, and if he has mental health problems due to recent executions of six South Carolina inmates Robertson knew for decades.
That includes his best buddy on death row — Marion Bowman Jr. — who died by lethal injection Jan. 31.
In April, Robertson told Judge Cain, in a letter first reported by The Herald, he wants to drop the appeal and represent himself, even if his court-appointed lawyers at the time would not help him speed toward death. Cain then appointed Warren, another defense attorney, to interview Robertson on death row.
Warren met with Robertson on death row twice in June and another time by video link, records show. Robertson knows what’s at stake, Warren wrote.
“Mr. Robertson understands that withdrawing the Petition — either through counsel or as a pro se litigant — will result in a death warrant being issued by the Supreme Court of South Carolina and his subsequent execution by lethal injection, electric chair, or firing squad,” Warren told the judge in the report.
Still, Warren suggested Cain hold an in-person court hearing with Robertson. He also recommended the judge appoint an independent expert to provide a report or that the court receive testimony from Mr. Robertson’s treating psychiatrist.
Efforts to reach Warren by telephone and email Monday were unsuccessful.
State prosecutors with the S.C. Attorney General’s Office have said Robertson has the right to fire his lawyers and be executed because he has never been ruled mentally incompetent.
“This case shows no prior finding suggesting Petitioner (Robertson) was incompetent or suffered any significant limitations to interfere with a voluntary choice,” prosecutors wrote in a court filing.
It is unclear when the judge will rule on holding hearings or appointing a doctor to examine Robertson.
