"Kill your momma."
Those were convicted College Station killer's Stanley Robertson's words to an inmate who had verbally threatened to kill Robertson in the Brazos County jail Wednesday night after those proceedings.
That testimony came after a psychologist for the prosecution told the jury that Robertson is not mentally retarded.
Psychologist Tim Proctor continued his testimony Friday morning, looking to refute defense experts' arguments that Robertson is mentally retarded and ineligible for the death penalty.
Robertson, 45, was convicted February 7 in the August 2010 kidnapping and stabbing death of Annie Toliver, his ex-girlfriend's mother. Robertson told authorities and his ex, Tammy, that he was harming Annie because Tammy hadn't been there for him following his arrest in July 2010. Robertson allegedly put a knife to Tammy's throat in front of her children and held her hostage.
At issue are a pair of IQ tests, one conducted by Proctor, the other by defense psychologist Tony Strickland. Strickland's 2001 test put Robertson with an IQ of 71, which is in the range of mild mental retardation if certain adjustments are made. Proctor's test of Robertson in 2013 yielded a 62.
Proctor has testified that his score's major variation from Strickland's, combined with embedded effort testing of Robertson, could easily show the defendant was not trying his best in order to change his score.
Friday, Proctor says all evidence points him to the conclusion that Robertson does not have sufficient deficits in adaptive behavior (day-to-day functioning), which are also necessary to diagnose someone as mentally retarded. Proctor's conclusion is the Robertson is a level above, which is "borderline intellectual functioning."
As first reported by News 3 Thursday, Robertson was involved in an incident in the jail Wednesday night. According to testimony from a deputy who was present, Robertson had been escorted back to the jail from the courthouse. An inmate named Crosby yelled at Robertson that he was going to kill him.
"Kill your momma," was Robertson's reply, and he stopped in the jail walkway. The testifying deputy had to put pressure on Robertson's arm to get him to continue moving. Later, Robertson expressed that he shouldn't have said that, but soon after that, he told the deputy to put him in the same cell as Crosby to see what happens. Robertson expressed that he shouldn't have said that, either.
The defense has argued for a life sentence instead of the death penalty on a couple of fronts. In addition to mental retardation, his lawyers believe his extreme poverty, constant teasing and sexual abuse growing up are mitigating circumstances that warrant life in prison rather than death. Prosecutors say many people have those issues in childhood, but don't kill.
The Brazos County jury must consider three questions in this order:
- Is Robertson a future danger?
- Are there mitigating circumstances that warrant life in prison rather than death?
- Is Robertson mentally retarded?
If the answers deviate from a yes on the first and two no's on the second and third, then Robertson would receive life in prison as a sentence. Otherwise, he gets the death penalty.