LEADS
throughout to ADD background about the murders and the case; No
pickup.
HUNTSVILLE,
Texas
A state appeals court on Tuesday halted the execution of
a triple
murderer after attorneys argued jurors should have been allowed
to consider
his troubled childhood during his
sentencing.
<That was the only issue I raised,> said defense lawyer
Randy Schaffer. <I
asked the court to stay the execution and permit me to argue
the case when
it reconvenes in September.>
Mark Robertson, 35, whose lengthy criminal
history started before he was a teenager, was set to die by
lethal injection
Wednesday for the execution-style slaying of Edna Brau, the
grandmother of
one of his friends, at her home in Dallas.
Robertson received a life sentence for fatally shooting
Brau's grandson,
Sean Hill, 19, and another life term for killing a convenience
store clerk
in Dallas 10 days earlier.
Authorities said that after the shootings, Robertson took money
from Brau's
purse and drove off in her blue
Cadillac.
He was arrested eight days later when police spotted the car in
the parking lot
of a Las Vegas casino.
Tuesday's ruling by the Texas Court of Criminal Appeals means
the court
will hear Robertson's appeal again. At that time, it can either
send the
case back for a new trial, order a new resentencing or reject
the appeal.
Officials at the Dallas County District Attorney's Office did
not
immediately return a phone call seeking
comment.
Robertson's 1991 trial came during a two-year period before the
Texas
legislature clarified guidelines regarding jury instructions in
the wake of
a U.S. Supreme Court ruling in another Texas case that involved
a mentally
retarded death row inmate.
Lawyers in that case challenged the conviction, saying jurors
should have
been allowed to consider the defendant's mental retardation as
a <special
circumstance> when they considered
punishment.
Robertson's attorneys similarly argued that growing up with an
alcoholic
father, being abused as a child and Robertson's ensuing drug
abuse also
should have been considered by a jury as mitigating
evidence.
If a jury finds such evidence, a life sentence is
imposed.
Tuesday's ruling by the Texas Court of Criminal Appeals is the
latest in a
series of twists in
Robertson's case.
In January 2002, the 5th U.S. Circuit Court of Appeals, acting
on an order
from the Supreme Court, threw out Robertson's death sentence,
then
reinstated it earlier this year after a rehearing requested by
Texas
officials.
Last Friday, the Supreme Court refused to overturn the
appeals court decision, which is when Schaffer brought the case
back to the
state court that halted the execution
Tuesday.
Twenty inmates have been executed this year in Texas, which has
the United
States' highest execution rate. Two more are scheduled for
September.
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