The S.C. Supreme Court on Thursday gave James
Robertson a temporary reprieve from execution, which could have come as
early as next month.
Robertson has been on death row for six years for the November 1997
beating death of his parents at their Rock Hill home. The five high
court justices unanimously granted Robertson's request to halt execution
because he plans to file a civil lawsuit against his trial lawyers and
prosecutors.
The court last month ordered Robertson's execution to be set after he
dropped his appeal. Afterward, Robertson filed court papers stating he
intends to allege ineffective counsel and prosecutorial misconduct
during his 1999 trial. A jury sentenced him to death for bludgeoning his
parents with a hammer and baseball bat.
The S.C. Attorney General's Office, which opposed halting execution,
also will oppose any claims Robertson may make in a post-conviction
relief lawsuit, said spokesman Mark Plowden.
Legal experts expected the Supreme Court would temporarily halt the
execution because allegations over competent counsel involve
Constitutional rights. Post-conviction relief lawsuits are routinely
filed by criminal defendants but are rarely successful, legal experts
say.
Post-conviction relief lawsuits can take as long as a year to be
heard, said Joe Savitz, Robertson's former appeals lawyer. Savitz said
Thursday he has not talked to Robertson about the ruling but expects
Robertson may act as his own lawyer again in civil court.
"If past history is any indication, he'll represent himself," Savitz
said.
Robertson's motives for dropping the appeal and then filing a civil
suit asking that his conviction be overturned are unclear. Robertson was
told by a prosecutor and a judge in February that dropping his appeal
could diminish his chances for success in a civil lawsuit.
In the February hearing, Robertson admitted killing Terry and Earl
Robertson in November 1997. Prosecutors said during the trial
Robertson's motive was greed for killing his father, a Springs
Industries executive, and mother, a former teacher.
Tommy Pope, the 16th Circuit solicitor who convicted Robertson, said
Thursday Robertson likes the limelight. Pope denies any misconduct but
said defendants such as Robertson have the right to ask for relief
regardless of motive.
The Supreme Court assigned Greenville Circuit Court Judge John Few to
Robertson's case. Few must hold a hearing in the next month to see
whether Robertson wants a civil court lawyer, Thursday's order states.
Robertson represented himself in court in February when he was found
mentally competent to be executed.
Robertson is considered indigent by the state and will get a
court-appointed lawyer if he wants one.
Andrew Dys •329-4065
adys@heraldonline.com
