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Video related to this article is available below.Issue date: 5/16/08 Section: News
Request for wife's psychiatric records postpone Robb's sentencing
Naomi Jagoda
The judge in the case of former Economics professor Rafael Robb agreed earlier this month to review the psychiatric records of his late wife, Ellen, before Rafael Robb's sentencing.
On Nov. 26, 2007, Robb pleaded guilty to voluntary manslaughter for killing his wife. Ellen Robb was found bludgeoned to death in the couple's Upper Merion home on Dec. 22, 2006.
The defense believes these records could help Robb, 57, receive a shorter sentence because the records would help Robb to be viewed more favorably.
If Montgomery County Common Pleas Judge Paul Tressler determines that the psychiatric records are relevant, they will be turned over to the defense.
"This is a tragic, tragic case," said Frank DeSimone, one of Robb's attorneys, at a May 5 hearing. "I just want the judge to get a full picture of what was going on."
Robb was scheduled to be sentenced on May 5, but the defense request to review the psychiatric records has postponed his sentencing indefinitely.
The records should not be taken into consideration because the psychiatric data was taken into consideration when the plea bargain was agreed upon, said former Montgomery County District Attorney Bruce Lee Castor.
Castor is now a county commissioner but has been appointed as a special prosecutor for the Robb case.
Castor added that he thinks it is risky for the defense to argue that the victim's problems led to her own death.
According to Pennsylvania state guidelines, a plea of voluntary manslaughter calls for a sentence of four-and-a-half to six years in prison.
However, Castor said the Montgomery County District Attorney's office will push for the aggravated range of 10 to 20 years.
No sentencing date has been set. According to Castor, the sentencing is likely to take place in July or August.
When he pleaded guilty to the voluntary manslaughter charges, Robb said he used a chin-up bar to beat to death his wife of 16 years during a fight about whether their daughter would return from an upcoming vacation in time to return to school.
He and Ellen both became angry as Robb worried that Olivia wouldn't return from a trip with her mother before Christmas break ended, and said he "just lost it" and grabbed the exercise bar.
Robb's guilty plea came on the day his trial on first- and third-degree murder charges was set to begin.
On Nov. 26, 2007, Robb pleaded guilty to voluntary manslaughter for killing his wife. Ellen Robb was found bludgeoned to death in the couple's Upper Merion home on Dec. 22, 2006.
The defense believes these records could help Robb, 57, receive a shorter sentence because the records would help Robb to be viewed more favorably.
If Montgomery County Common Pleas Judge Paul Tressler determines that the psychiatric records are relevant, they will be turned over to the defense.
"This is a tragic, tragic case," said Frank DeSimone, one of Robb's attorneys, at a May 5 hearing. "I just want the judge to get a full picture of what was going on."
Robb was scheduled to be sentenced on May 5, but the defense request to review the psychiatric records has postponed his sentencing indefinitely.
The records should not be taken into consideration because the psychiatric data was taken into consideration when the plea bargain was agreed upon, said former Montgomery County District Attorney Bruce Lee Castor.
Castor is now a county commissioner but has been appointed as a special prosecutor for the Robb case.
Castor added that he thinks it is risky for the defense to argue that the victim's problems led to her own death.
According to Pennsylvania state guidelines, a plea of voluntary manslaughter calls for a sentence of four-and-a-half to six years in prison.
However, Castor said the Montgomery County District Attorney's office will push for the aggravated range of 10 to 20 years.
No sentencing date has been set. According to Castor, the sentencing is likely to take place in July or August.
When he pleaded guilty to the voluntary manslaughter charges, Robb said he used a chin-up bar to beat to death his wife of 16 years during a fight about whether their daughter would return from an upcoming vacation in time to return to school.
He and Ellen both became angry as Robb worried that Olivia wouldn't return from a trip with her mother before Christmas break ended, and said he "just lost it" and grabbed the exercise bar.
Robb's guilty plea came on the day his trial on first- and third-degree murder charges was set to begin.
Viewing Comments 1 - 2 of 2
Patricia Sheehy
posted 5/16/08 @ 10:01 AM EST
In submitting Mrs. Robb's psychiatric records for review in this case strikes me as a classic instance of "blame the victim." No matter what Mrs. Robb's psychiatric issues--and I'm sure many of them stem from the abusive behavior of her husband--the fact remains that this well-educated man bludgened his wife to death over a trivial argument. (Continued…)
Cheryl Friend
posted 9/27/08 @ 8:23 PM EST
I agree whole heartedly with Patricia. This is no excuse whatsoever. Especially since he said he 'lost it'. Well, he apparently had plenty of time to plan this 'lost it' as he put the dog in a room, went downstairs to retrieve the chin-up bar (however, the weapon has yet to be retrieved) and attacked Ellen from the back. (Continued…)
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