Witnesses detail slaying on first day of capital murder trial
A Brazos County sheriff's deputy keeps an eye on accused murderer Stanley Robertson (right) during testimony at the Brazos County Courthouse on Monday.
Posted: Thursday, February 14, 2013 12:00 am
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Updated: 1:16 am, Thu Feb 14, 2013.
The Eagle
The capital murder trial of Stanley Robertson will resume Thursday with more testimony from a psychologist regarding how he determined the defendant is mentally disabled.
Robertson was classified as mildly mentally disabled by Dan Reschly, a psychology and education professor at Vanderbilt University, who was on the stand for about an hour Wednesday before jurors were released for the day.
He was one of three expert witnesses who testified for the defense on the eighth day of the trial and will return to explain the measurements behind the classification.
Robertson, 45, has been convicted of capital murder for the kidnapping and killing of his ex-girfriend's 59-year-old mother, Annie Mae Toliver, by cutting her with a kitchen utility knife 38 times. Prosecutors are asking the jury to sentence Robertson to death for the killing, while his lawyers are seeking to establish that he is mentally disabled and thus ineligible for the death penalty.
In Texas, capital murder can be punished by either execution or life in prison without parole.
In 2002, the Supreme Court ruled that mentally disabled defendants are less culpable for their crimes and cannot be executed.
Under that definition, a person with an IQ of 70 or less and who demonstrates "significantly subaverage intellectual functioning" before the age of 18 is generally considered mentally disabled.
But the definition was not made part of the ruling and each state was afforded authority to determine if a defendant is mentally disabled. In Texas, factors such as a person's ability to lie or to form and go through with plans can be used by jurors in making the decision.
Reschly likely will be on the stand for several hours Thursday as he details why he concluded Robertson is mentally disabled before prosecutors Jarvis Parsons and Brian Price have a chance to question him.
Defense attorneys John Wright and Frank Blazek called on two other expert witnesses Wednesday, including an etymologist from Auburn University who said Robertson was regularly exposed to pesticides during summer months for the first 10 years of his life.
Donna Vandiver, a criminologist with Texas State University, testified that young males who are sexually abused often go on to commit crimes or lash out in other ways.
According to a psychologist who testified earlier in the week, Robertson was raped between the ages of 12 and 14 by his brother-in-law.
Vandiver told jurors victims of sexual abuse often struggle with controlling how they respond to emotionally traumatic events and often react in ways most people would consider inappropriate.
Both sides objected to different parts of testimony from Vandiver, who said she was speaking generally about sexual abuse victims and wasn't there to testify specifically about Robertson.
In a 2009 Brazos County capital murder trial, testimony from Vandiver was excluded in punishment phase of the trial for convicted murderer Christian Olsen.
Because of the ruling to keep Vandiver's testimony out, the 10th Court of Appeals ordered a new punishment trial for Olsen, which is slated to begin in October.
Defense attorneys have indicated they'll present jurors with Robertson's brain scans, at which point more expert witness testimony is expected after Reschly.
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Thursday, February 14, 2013 12:00 am.
Updated: 1:16 am.
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