Robert Jackson

Case record: Robert Jackson

Parties

• Robert W. Jackson, III — defendant; male; white
• Elizabeth Girardi — victim
• Anthony Lachette — accomplice/co-defendant
• Christopher Girardi — victim’s son
• Claudia Girardi — victim’s daughter
• Anthony Lachette — accomplice/co-defendant; testified against Jackson at trial and pleaded guilty to burglary and conspiracy
• James Burton — Jackson’s roommate and longtime friend; testified for the State
• Carl Roca — friend; testified or was referenced in connection with pawn-shop evidence
• Andre Johnson — fellow inmate; was solicited to murder Burton
• Victor Talmo — cell mate; was solicited to murder Burton; later became a witness
• Sue L. Robinson — federal district court judge
• Governor Jack Markell — Delaware governor
• Governor Thomas R. Carper — signed legislation governing execution timing
• Warden Perry Phelps — warden present during execution
• Correction Commissioner Carl Danberg — said: “Warden, you are authorized to proceed.”
• Detective Scott McClaren — chief investigating officer
• Delaware Supreme Court Justice Walsh — authored the Delaware Supreme Court opinion in Jackson v. State, 684 A.2d 745
• Department of Correction — inmate information; execution protocol context
• Medical Examiner’s Office — received Jackson’s body after the execution
• Rev. Bruce Gillette — called protesters to prayer
• Kevin O’Connell — co-founder of Delaware Citizens Opposed to the Death Penalty
• Rose Wilson — supported the death penalty

Background

Robert W. Jackson III (born 05/24/1973), later identified as 32 at sentencing and 38 at execution, was convicted of killing Elizabeth Girardi with an ax during a botched robbery at her Hockessin home. The killing was described as occurring in 1992 and as taking place on April 3, 1992, when Jackson and Anthony Lachette broke into Girardi’s home to obtain money to buy marijuana.

Jackson was sentenced to death and was executed in Delaware by lethal injection on July 29, 2011, with the Supreme Court of Delaware and the federal appellate process described as reviewing the sentence at all levels.

Jackson’s prior procedural posture included:

• A death sentence that was reversed and vacated for a Sixth Amendment right to counsel violation, with a remand for a new sentencing hearing.
• After a second penalty hearing and new sentencing, the death sentence was affirmed.

The offence

Jackson and Anthony Lachette decided to burglarize a house to obtain money to buy marijuana. Lachette suggested that they break into the home of Elizabeth Girardi, and Lachette was acquainted with one of her children. No one was at home when the two broke into the house through the back door.

Inside, Jackson and Lachette gathered property including jewelry, rare coins, compact discs, firecrackers, and a camera, and placed the stolen property in paper bags. They left by the way they entered.

When they headed toward the driveway where Jackson had parked the car, they saw Mrs. Girardi walking toward Jackson’s car after arriving home. Lachette decided to flee despite Jackson’s attempt to persuade him to stay. Lachette dropped his bag and ran off, leaving Jackson behind.

After Lachette ran off, Jackson grabbed an ax from a shed and confronted Mrs. Girardi in the driveway, striking her several times in the face with the ax. Jackson then loaded his car with the stolen property. Before leaving, Jackson noticed that Mrs. Girardi was still alive and struck her several more times in the face with the ax, killing her, and then left the scene.

Court recitations of Jackson’s subsequent remarks included that after the murder Jackson told Lachette that he had killed Mrs. Girardi, and that Burton and others later heard Jackson’s statements about killing Mrs. Girardi.

Investigation

After the murder, Jackson watched television news reports and spoke with Lachette and James Burton about the Girardi murder.

On April 9, 1992, Burton and Carl Roca sold a bracelet stolen in the Girardi burglary to a pawn shop in Elsmere. Pawn shop owners had been alerted by police to be on the lookout for certain pieces stolen from the Girardi residence. The pawn shop owner contacted police. Police, following an investigation, obtained warrants authorizing:

• the search of Burton’s and Roca’s residences, and
• authorizing police to take Burton and Roca into custody to obtain clothing, fingerprints, hair samples, and blood samples from their persons.

Police learned from Burton’s parents that he had moved out and was living with Jackson. Police surveillance near Burton’s and Jackson’s apartment observed Burton and two companions enter a car and drive off. Police stopped the car for two motor vehicle violations. When the driver’s door was opened, police observed a 14-inch metal pipe partially concealed between the driver’s seat and door. After Lachette exited the vehicle, police folded the driver’s seat-back; a plastic bag containing marijuana was discovered in the folding area where the seat-back and cushion meet.

All three vehicle occupants, including Jackson, were then arrested for carrying a concealed deadly weapon and possession of marijuana. Before placing Jackson in a holding cell, police removed certain articles of property and clothing from his person, including his sneakers. Later that night, when police discovered that Lachette and Jackson were involved in the Girardi burglary/homicide, the sneakers were seized as evidence. The sole of one sneaker was later determined to be consistent with footprints found at the murder scene.

Lachette confessed his role in the burglary and implicated Jackson in the Girardi murder while Jackson, Burton, and Lachette were in custody. Lachette then gave a full statement to police regarding the details of the burglary and Jackson’s remarks about the murder. Burton later gave a full statement to police that included details of Jackson’s remarks.

Detective Scott McClaren later conducted a re-interview of Burton on April 30, 1992, during which a tape-recorded interview occurred in the offices of the Department of Justice, with McClaren and two deputy attorneys general present. McClaren suspected Burton knew more than he was saying and asked to speak with Burton alone with the tape recorder turned off. Burton then told McClaren of Jackson’s confession to him.

Arrest

Following the pawn shop evidence and the ensuing investigation, Jackson was stopped and arrested along with Burton and Lachette after police observed a 14-inch metal pipe partially concealed between the driver’s seat and door and discovered marijuana after folding the seat-back. Jackson was arrested for carrying a concealed deadly weapon and possession of marijuana, and was later arrested for burglary/murder after Lachette’s confession.

Trial

Charges and convictions

Jackson was convicted of:

• Murder First Degree (two counts)
• Burglary Second Degree
• Conspiracy Second Degree
• Robbery First Degree
• Possession of a Deadly Weapon during the Commission of a Felony (three counts)

The convictions were affirmed, while the death sentence was vacated on appeal for a Sixth Amendment violation related to taped communications.

At the guilt/innocence phase, the Delaware Supreme Court described claims asserted by Jackson including:

• death qualifying jurors,
• denial of a motion to strike sneakers seized without a warrant,
• failure to suppress fruits of a nighttime search of his residence,
• admission of testimony about Jackson’s desire to microwave Girardi’s cat, and
• admission of hearsay testimony connected to McClaren’s off-tape conversation with Burton.

Jackson’s guilt/innocence claims were rejected, and the convictions, including for Murder First Degree, were affirmed in the appellate decision that later vacated the death sentences for Sixth Amendment reasons.

Evidence regarding burglary and killing

Evidence was presented that Jackson and Anthony Lachette decided to burglarize the Girardi home to buy marijuana, that they broke in through the back door, that stolen property included jewelry, rare coins, compact discs, firecrackers, and a camera, and that Jackson used an ax taken from a shed to strike Girardi repeatedly in the face, killing her.

Lachette testified at trial, pleaded guilty to burglary and conspiracy, and testified against Jackson at trial. Burton and others also testified.

Evidence regarding Jackson’s communications from prison

At the penalty hearing(s), evidence was presented that Jackson, while in prison awaiting trial, attempted to arrange the murder of James Burton, a key witness for the State. During the guilt/innocence phase, evidence also showed Jackson solicited Andre Johnson to kill Burton upon Johnson’s release. Johnson delivered coded materials to the Attorney General’s office.

In addition to Johnson, evidence at sentencing involved Jackson’s efforts to involve Victor Talmo. Talmo testified that Jackson offered assistance to obtain money to post bail and that Jackson wanted Burton killed. Talmo contacted police and recorded conversations under equipment provided by Detective McClaren. The Delaware Supreme Court quoted excerpts from tapes used in the sentencing hearing, including statements by Talmo and Jackson in which Jackson discussed arranging Burton’s death and his expectation of plea discussions if the witness murder occurred.

The quoted excerpted dialogue included:

Talmo: And from everything you told me, you know, if you want, if you want this taken care of, man, tonight can be taken care of.... Well, you know, I, see, see the thing about it is man, it's gotta be done tonight....
Jackson: Yeah....
Talmo: Now, is, I mean, what exactly, you know what I'm saying? No show or what?
Jackson: Yeah. Vacation.
Talmo: Permanent?
Jackson: No show.

---

Talmo: Listen to this man. 3 1/2 hours last night. Can you hear me?
Talmo: We waited 3 1/2 hours. Nobody's there man. Nobody. Where are they at?
Jackson: I don't know. You got the place right?
Talmo: Yeah, I know, definitely, yeah. We waited and waited and waited man for almost, almost 3 hours and 45 minutes and I don't know man, I don't understand it. It looked like the whole place was deserted.

---

Talmo: Well, then again, things might change, you know.
Jackson: Huh?
Talmo: Things might change here real soon, so....
Jackson: Yeah, I know.
Talmo: So, we'll see man.
Jackson: If that happens I think they'll stop and offer me a plea.

The tapes and transcripts were played and admitted into evidence at the sentencing hearing over objection.

Sentencing

First sentencing hearing

A separate penalty hearing was conducted after guilty verdicts. The jury unanimously found that the State established two statutory aggravating circumstances beyond a reasonable doubt and the aggravating circumstances outweighed the mitigating circumstances, with a vote described as 11–1, and the Superior Court imposed death sentences for each of Jackson’s two Murder First Degree convictions. The Delaware Supreme Court later vacated those death sentences for Sixth Amendment reasons and remanded for new sentencing.

The Delaware Supreme Court opinion in Jackson v. State, 643 A.2d 1360 described that:

• Following a sentencing hearing, the jury found two statutory aggravating circumstances beyond a reasonable doubt and, by 11–1, found that the aggravating circumstances outweighed the mitigating circumstances.
• The Superior Court judge imposed a sentence of death for each Murder First Degree conviction.
• The Delaware Supreme Court affirmed convictions but vacated death sentences and remanded for new sentencing.

Second sentencing hearing

After remand, the Superior Court conducted a second penalty hearing before a new jury. The jury unanimously found the State established two statutory aggravating circumstances beyond a reasonable doubt and by 11–1 found aggravating circumstances outweighed mitigating circumstances. The Superior Court concurred and imposed a sentence of death.

In Jackson v. State, 684 A.2d 745, the Delaware Supreme Court later affirmed the death sentence after analyzing issues related to death-qualification of the jury, sneakers and other evidentiary rulings, recusal arguments, proportionality, and the burden of proof standard for non-statutory aggravating factors.

In that analysis of sentencing, the Superior Court found both statutory and non-statutory aggravating circumstances and mitigating factors, and conducted independent qualitative and quantitative analysis. The Superior Court determined statutory aggravating circumstance existence as a murder committed during the course of and in furtherance of the commission of a felony (Robbery First Degree and Burglary Second Degree). It also found non-statutory aggravating circumstances including:

1. while in prison Jackson conspired to murder a State witness who would testify against him;
2. extensive violent criminal history as a juvenile and as an adult;
3. previously carried a concealed deadly weapon during a violent trespassing incident;
4. two children had their mother taken from them in a vicious and brutal manner;
5. the manner in which the killing occurred demonstrated cold, depraved indifference to human life; and
6. the murder occurred to avoid detection and to silence a witness.

Mitigating factors found included:

1. Jackson’s young age;
2. he expressed sorrow for his friends, family and the victim’s family;
3. emotional loss to Jackson’s family if executed;
4. abusive family life; and
5. psychiatric testimony that Jackson suffered from a mixed personality disorder, impulsive control disorder and substance abuse.

The sentencing decision included the court’s observation that Jackson’s criminal history continued until the commencement of trial, interpreted as referring to the murder plot evidence obtained during the preliminary phases of the trial.

Appeals

Direct appeal outcomes

• Jackson v. State, 643 A.2d 1360 (Del. 1994) — direct appeal; Direct Appeal-Reversed (convictions affirmed; death sentences vacated; remanded for new sentencing hearing).
• Jackson v. State, 684 A.2d 745 (Del. Supr. 1996) — direct appeal; Direct Appeal-Affirmed (death sentence affirmed after new penalty hearing).
• Jackson v. State, 770 A.2d 506 (Del. Supr. 2001) — PCR.
• Jackson v. Carroll, 161 Fed. Appx. 190 (3d Cir. 2005) — habeas; Certificate of appealability denied was described in the habeas narrative.

Sixth Amendment reversal and remand (Jackson I)

The Delaware Supreme Court held that Jackson’s Sixth Amendment right to counsel was violated by the introduction into evidence of taped conversations between Jackson and a state agent during the sentencing hearing, and that the error was not harmless beyond a reasonable doubt. The death sentences were vacated and the matter was remanded for a new sentencing hearing.

The court held that Jackson’s Sixth Amendment right to counsel with respect to the Girardi murder prohibited introduction into evidence of incriminating statements deliberately elicited by a state agent, and that the State did not meet the burden to show harmlessness beyond a reasonable doubt. The Delaware Supreme Court therefore required a new penalty hearing consistent with its opinion.

Proportionality and other appeal issues (Jackson II)

On the second appeal, the Delaware Supreme Court affirmed the death sentence. It held among other points that:

• “death qualification” did not deny the defendant a jury comprised of a fair cross-section,
• the trial court’s determinations on striking jurors for cause were supported by the record,
• the trial judge’s denial of recusal was not error,
• the burden of proof for non-statutory aggravating circumstances and the “credible and reliable evidence” standard were consistent with prior Delaware precedent,
• the death sentence satisfied constitutional requirements and was proportionate to death sentences in like first-degree murder cases.

Outcome

Robert W. Jackson III was sentenced to death and, after direct appeal and post-conviction proceedings, was executed by lethal injection in Delaware on July 29, 2011.

Aftermath

After execution was stayed and then lifted, Jackson was executed. Protesters gathered outside the prison and a prayer was held by Rev. Bruce Gillette. Governor Jack Markell issued a statement that included:

“The State of Delaware this morning carried out the penalty for Robert W. Jackson III for the brutal murder of Elizabeth Girardi. Mr. Jackson’s death sentence was recommended by a jury, imposed by a judge, and reviewed by state and federal appellate courts at all levels. It is my prayer that his victim rests in peace and her family finds some closure. May God have mercy on Mr. Jackson.”

Victim’s family members were described as reacting to the execution with disappointment and statements including:

• Christopher Girardi said: “What is taking place is really a disgrace,” and also said the idea that lethal injection is cruel and unusual was “ludicrous.”
• Girardi said: “When do we take into consideration the victim's rights? He took my mother's life in an extremely brutal fashion. The problem with the system is I don't believe the punishment fits the crime. I lost my mother, and she will never know her grandchildren,”

Statements from Jackson’s lawyers after the execution were quoted, including:

• Shawn Nolan, one of Jackson’s lawyers, said: “The state of Delaware executed an innocent man tonight and ought to be ashamed of itself,” and: “Bobby was a good man. He didn't kill Elizabeth Girardi.”
• Marc Bookman, executive director of the Atlantic Center for Capital Representation, said in a statement: “Later evidence showed he was an innocent man, and he never got one single chance to present that evidence in a court of law.”

Last words and last meal

Last words

Jackson’s last words were recorded as:

“Are the Girardis in there? Christopher and Claudia - if you are in there, I've never faulted you for your anger. I would have been mad myself,” [But] I didn’t take your mother from you.”
He then suggested that his co-defendant, Tony Lachette, was the killer. “Tony's laughing his ass off right now because you're about to watch an innocent man die. This isn't justice.”

Last meal

Jackson’s last meal consisted of Steak, a baked potato, potato skins, corn and a soda.

Execution details

Jackson was executed by lethal injection at the James T. Vaughn Correctional Center in Smyrna. He was pronounced dead at 12:12 a.m.. During the procedure:

• Correction Commissioner Carl Danberg said: “Warden, you are authorized to proceed.”
• Warden Perry Phelps told Jackson he could speak.
• Jackson directed his final words to Girardi’s surviving children, Christopher and Claudia, and then asked: “Are the Girardis in there?”
• Warden Perry Phelps asked twice: “Inmate Jackson, can you hear me?”
• There was no response, and witnesses later watched the color drain from Jackson’s face for about five minutes before the curtain was closed and he was pronounced dead.

Jackson was described as wearing white prison garb and white Adidas sneakers, with intravenous lines attached to each arm.

Official witnesses (as listed)

The listed official witnesses included:

• Sen. Bruce Ennis (14th District)
• Dennis Godak
• Lt. Philip Klink
• Robert Larrimore
• Rebecca McBride
• Scott McLaren
• Russell McNatt
• DSP Major Nathanial McQueen
• Tim Mullaney
• Del. Victim's Compensation Assistance Program Robert O'Neill
• Delaware Dept. of Justice
• New Castle County Public Safety Director Scott McLaren

Other details

• The Delaware Department of Corrections inmate information described Robert W. Jackson, III, with DOB 05/24/1973, Race White, Gender Male, Offense Murder 1st, Method of Execution Lethal Injection.
• A note described that in June of 1986 legislation was enacted that made lethal injection the mode of execution in Delaware, and that persons sentenced to death prior to enactment had a choice of choosing their mode of execution (either hanging or lethal injection).
• The record also described that on April 11, 1994, Governor Thomas R. Carper signed legislation (Senate Bill #57) mandating the time that an execution is to be carried out (between 12:01 a.m. and 03:00 a.m.).