Prosecutor blasts case delays

East Baton Rouge Parish prosecutors told a judge Tuesday they are extremely frustrated with how slowly the post-conviction appeals of condemned killers Allen “Lil Boo’’ Robertson Jr. and Shedran Williams are moving.

Robertson, now 44, was convicted and sentenced to death in 1995 in the New Year’s Day 1991 stabbing deaths of an elderly Baton Rouge couple, Morris and Kazuko Prestenback, in their Dalton Street home.

Williams, now 41, was found guilty and condemned to die in 2006 in the May 22, 2004, shooting death of Baton Rouge Police Lt. Vickie Wax while she was working a security detail at a now-closed Walmart near Perkins Road and Acadian Thruway.

First Assistant District Attorney Prem Burns complained Tuesday to state District Judge Mike Erwin that psychologists appointed in the fall of 2010 to evaluate Robertson’s mental health have been stonewalled in their efforts to obtain records from the defense.

“This is holding up the evaluation,’’ she argued. “Basically, judge, we’re at a stalemate.’’

Robertson’s attorneys claim he is mentally retarded. The U.S. Supreme Court has forbidden the execution of mentally retarded people.

“I know that it is frustrating,’’ replied Robertson’s current attorney, Gary Clements with the New Orleans-based Capital Post Conviction Project of Louisiana. Clements replaced Nick Trenticosta, who previously handled Robertson’s post-conviction appeal.

Clements told Erwin he is “just receiving’’ some case information from Trenticosta.

“We’ve been trying to do this (mental-health evaluation) for a year,’’ an equally frustrated Erwin said.

The judge gave Clements until March 7 to produce the requested records.

“I expect the records to be here,’’ Erwin said. “If not, I’m just going to deny the motion’’ to determine if Robertson is mentally retarded.

The judge scheduled a hearing July 17 on the motion.

In Williams’ case, the Louisiana Supreme Court in the fall of 2009 rejected arguments that he should be spared the death penalty because he is diagnosed as mildly mentally retarded.

Since that ruling, prosecutor Dylan Alge said, there has been “no legitimate movement’’ by Williams’ attorneys on his application for post-conviction relief. Alge said he is determined not to see the case stall “for years and years and years.’’

Alge said the state constitution states that crime victims are entitled to “a reasonably prompt conclusion’’ of their case.

“We’re not getting a ‘reasonably prompt conclusion’ of this case,’’ he told Erwin.

Clements, who also represents Williams, said he is awaiting records from the East Baton Rouge Parish District Attorney’s Office, Baton Rouge Police Department and East Baton Rouge Parish Coroner’s Office before he begins penning the application for post-conviction relief.

Alge, who noted it will cost Clements $3,100 to copy the District Attorney’s Office’s file in the case, said his office did not receive the public records request that Clements said he sent Dec. 1. Alge said he only recently learned of the request via email.

“There’s a box of records. Give it to him (Clements). Let’s get that done,’’ the judge told Alge.

Erwin scheduled a Feb. 27 hearing to make sure Clements has the records.

“We’re doing our job to get things,’’ Clements said after the hearing.

Burns said afterward that the post-conviction relief process in the Robertson case officially began in 1999.

“This is ridiculous. This is ridiculous,’’ she said of the delay. “There’s no reason for that.’’

Burns insisted she will not offer Robertson a “contract for life” just to end the appeals. In the contract, the death sentence is taken off the table in exchange for the defendant agreeing not to appeal his conviction and life term

“I will not do that. That’s what the delay process hopes for — that the system’s back will be broken,’’ she said. “These cases deserve the death penalty.’’