Marion County Circuit Judge Talmage Lee Carter recently placed a stay on the scheduled nitrogen hypoxia execution of David Lee Roberts, 59, until the State can determine if Roberts is mentally capable of being executed.
“[T]he issue is whether the petitioner’s concept of reality is so impaired that he cannot grasp the execution’s meaning and the purpose or the link between his crime and its punishment,” Carter wrote in his order.
Roberts was slated to be put to death by nitrogen hypoxia on August 21 at Holman Correctional Facility in Atmore. The execution will remain on hold until the Alabama Department of Mental Health either finishes its evaluation or a higher court reverses Carter’s injunction.
Roberts has been on death row for over 30 years. According to court records, Roberts shot the girlfriend of a man he was living with on April 22, 1992.
After leaving work that day, Roberts went to his roommate's home, where Annetra Jones, his roommate's girlfriend, was sleeping on a couch. Roberts packed his belongings, stole money from Jones' wallet and shot her three times in the head with a .22 caliber rifle while she slept.
After the murder, Roberts poured flammable liquid on Jones's body and the rest of the house and set fire to a piece of paper he had placed under the couch. Roberts left the house, taking with him a variety of items, such as the murder weapon and other guns. He hid this evidence, but later led the police to the location where it was hidden.
Roberts admitted to the murder to law enforcement. At the sentencing hearing before the court, Roberts testified that he was sorry about what had happened. He stated that an "older individual" had threatened to kill his parents, that the pressure had built up over time, that he had no one to turn to for help, and that he did what he thought he needed to do at the time. He also testified that the "older individual" told him to burn the house and to shoot Annetra Jones.
The jury recommended that Roberts be sentenced to life imprisonment without parole, but the judge overrode that recommendation and sentenced Roberts to death.
Roberts has since raised several challenges to his conviction on appeal, none of which have been successful.
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