Robert Lookingbill

Timeline

• 12:30 to 1:30 a.m. on December 5, 1989 — Robert Andrew Lookingbill knocked on the door of an apartment behind the Dannenberg residence and claimed someone had beaten up his grandparents; Melissa Martinez and Alberto Aguilar followed him to the house.
• about 1:15 a.m. on December 5, 1989 — Lookingbill gave statements to police that he arrived and found his grandparents as police subsequently found them; he also later said he was “all coked up” and had been drinking and retrieved a long metal bar from the garage.
• December 15, 1989 — Adeline Dannenberg died of injuries sustained in the attack.
• February 1986 — Lookingbill received a sentence of seven years imprisonment for burglary of a habitation with intent to commit aggravated assault.
• August 1986 — Lookingbill began serving a 7-year sentence.
• December 1984 — Lookingbill murdered neighbor Gloria Hoopengarner (an unadjudicated extraneous assault introduced at sentencing).
• 1987 — Lookingbill returned to the Dannenbergs after serving less than a year in prison on a burglary conviction.
• 1989 — Lookingbill was on parole for a burglary conviction when the December 5, 1989 offense occurred.
• November 15, 1990 — A jury found Lookingbill guilty of the capital murder of Adeline Dannenberg and the attempted capital murder of Lorenz Dannenberg during a consolidated trial.
• November 19, 1990 — Following a separate punishment hearing, the trial court sentenced Lookingbill to death for the capital murder; he also received a 75-year sentence for the attempted capital murder.
• April 6, 1994 — The Court of Criminal Appeals denied relief on direct appeal and affirmed Lookingbill’s conviction and sentence.
• June 8, 1994 — The Court of Criminal Appeals denied rehearing.
• September 8, 1994 — The conviction became final on expiration of the ninety-day period for filing a petition for writ of certiorari.
• November 22, 1996 — Counsel was appointed to represent Lookingbill during state writ of habeas corpus proceedings.
• April 21, 1997 — Lookingbill filed a skeletal state habeas petition.
• August 20, 1997 — Lookingbill filed a supplemental habeas petition raising 12 actual claims.
• March 4, 1998 — The Court of Criminal Appeals denied relief on state habeas based on the Court’s review and on the state trial court’s findings and conclusions.
• December 16, 1998 — The Court of Criminal Appeals issued a letter advising that it had denied without written order a motion for reconsideration on the court’s own motion.
• December 21, 1998 — The letter from the Court of Criminal Appeals to the presiding judge of the district court was filed in the district court.
• February 2, 1999 — Lookingbill filed an affidavit in support of his motion to proceed IFP.
• February 3, 1999 — The federal district court granted IFP status, appointed federal habeas counsel, and granted a stay of execution.
• July 23, 1999 — Lookingbill filed a federal writ of habeas corpus petition raising 37 claims.
• August 24, 2000 — The United States District Court for the Southern District of Texas, Brownsville Division, issued a memorandum opinion and order granting summary judgment and dismissing Lookingbill’s writ as untimely filed.
• October 25, 2000 — The district court granted Lookingbill’s request and appointed David Sergi as co-counsel.
• June 3, 2002 — The Fifth Circuit Court of Appeals affirmed the district court’s dismissal of the habeas petition as untimely filed.
• June 17, 2002 — Lookingbill petitioned for a rehearing en banc.
• July 10, 2002 — The Fifth Circuit denied Lookingbill’s petition for rehearing.
• January 2, 2003 — Lookingbill petitioned for clemency from the Texas Board of Pardons and Paroles.
• January 13, 2003 — The U.S. Supreme Court denied certiorari review.
• January 17, 2003 — The Texas Board of Pardons and Paroles voted to deny Lookingbill’s request for clemency or for commutation.
• January 22, 2003 — Lookingbill was executed by lethal injection in Texas.

Background

Robert Andrew Lookingbill lived with his grandparents, Lorenz Dannenberg and Adeline Dannenberg, in San Juan, Texas. At the time of the December 5, 1989 offense, Lookingbill was on parole for a burglary conviction; evidence introduced at sentencing showed that he was found guilty of burglary of a habitation with intent to commit aggravated assault in December 1985 and was sentenced to seven years imprisonment in February 1986. During the sentencing proceeding, the State introduced evidence that Lookingbill committed an unadjudicated extraneous assault: the December 1984 murder of neighbor Gloria Hoopengarner, and then bragged about the murder and robbery to several individuals.

Lookingbill had prior felony conviction for burglary and began serving a 7-year sentence in August 1986 and was paroled after 8½ months.

The offence

Between 12:30 and 1:30 a.m. on December 5, 1989, Lookingbill knocked on the door of an apartment behind the Dannenberg residence. He claimed that someone had beaten up his grandparents. Melissa Martinez rented the apartment behind the Dannenberg residence, and Alberto Aguilar gave Martinez a ride home from work about 11:45 p.m.; Martinez and Aguilar followed Lookingbill to the Dannenberg house.

On the way, Aguilar noticed a motorcycle that was not there when he and Martinez had arrived earlier. Upon entering the Dannenberg residence, Martinez and Aguilar observed Mr. Dannenberg lying on the floor with blood on his head. They then observed Mrs. Dannenberg lying on her bed; her face appeared to be badly beaten. It was later determined that both victims suffered massive head wounds as a result of being struck by a blunt instrument.

Shortly after Lookingbill told Aguilar that he had called the police, the police arrived. While Aguilar and Martinez waited outside, Aguilar heard a “metal clinking” noise from the storage shed behind the house.

Officer Gilberto Alaniz testified that there were no signs of forced entry and that it did not appear that the residence had been ransacked. Alaniz saw blood stains on Lookingbill’s boots and blood spatters on Lookingbill’s jacket. Alaniz investigated the tool shed twice. On the second occasion, he saw Lookingbill enter the shed; when asked what he was doing, Lookingbill indicated that he was nervous and worried about his grandparents. He was told to leave the shed. A subsequent investigator discovered in the shed a metal bar that was 54-inches long, two inches in diameter, and 20 to 40 pounds, with blood stains and hair strands.

Lookingbill indicated to Alaniz that he had just arrived at the residence and found his grandparents in their condition. Alaniz checked the engine of the motorcycle expecting that it would be hot if Lookingbill had arrived at the house; the engine was only warm. The jacket, boots and jeans Lookingbill was seen wearing the night of the offense were recovered by police. An investigator discovered $568.31 in the jeans when they were inventoried. Joyce Dannenberg testified that her parents received more than $500 in social security income in December, which would have been received around the first of the month. Her mother usually kept some of the money in her purse.

Blood on Lookingbill’s boots was consistent with Mr. Dannenberg’s blood, and blood on the metal bar was also consistent with Mr. Dannenberg’s blood.

Lorenz Dannenberg survived the attack but suffered serious and permanent injury and was comatose for about a year before dying. Adeline Dannenberg did not survive the attack and died on December 15, 1989. Her treating physician indicated that she had been treated for fractures of the skull, jaw and hand; surgery had been performed to remove bone fragments and a blood clot from the brain, and the physician opined that the injuries were caused by a blunt instrument. A pathologist who performed the autopsy concurred that a blunt instrument was probably the cause and testified that the metal bar recovered from the tool shed could have caused the injuries.

Lookingbill gave two statements to police on the morning of the offense. In his first statement, he declared that he arrived at the Dannenberg residence at about 1:15 a.m. on December 5 and discovered his grandparents as the police subsequently found them. In his second statement, he declared that he arrived at the residence about 1:15 a.m., and that he was “all coked up” and had been drinking; he retrieved a long metal bar from the garage.

In his confession, Lookingbill stated:

“My grandfather was sleeping on the floor. I approached him with the long metal bar. I just raised the bar and struck him in the head. I was standing right above him . . . My grandfather did not yell out. He just groaned in pain. I must have hit him more than one time.” He then went down the hall into his grandmother’s bedroom and, by Lookingbill’s account: “She was sleeping. I hit her on her head with the same pipe. It was dark I could not see her but I knew where she was sleeping. She did not yell out.” Lookingbill also stated that he took the money in his grandmother’s purse, called the police, and then went to the Martinez residence.

Evidence introduced at trial and later described that Lookingbill was “coked up” and drinking, and he beat his grandparents repeatedly with a 54-inch metal bar during the course of committing and attempting to commit robbery.

Investigation

Officer Gilberto Alaniz investigated the tool shed twice and observed no signs of forced entry or ransacking. Alaniz saw blood stains on Lookingbill’s boots and blood spatters on his jacket and ordered Lookingbill to leave the shed when Alaniz saw him enter on the second investigation. A subsequent investigator discovered the metal bar in the shed with blood stains and hair strands.

Police recovered the jacket, boots and jeans Lookingbill was seen wearing on the night of the offense. An investigator checked the motorcycle engine and found it was only warm.

Arrest

Lookingbill was indicted and proceeded through trial after the December 5, 1989 attack and his confession to police.

Trial

Lookingbill was indicted in Hidalgo County for capital murder and attempted capital murder.

• 02/15/90 — Lookingbill was indicted in Hidalgo County for capital murder and attempted capital murder.

A jury found Lookingbill guilty of:

• 11/15/90 — capital murder of Adeline Dannenberg and the attempted capital murder of Lorenz Dannenberg during a consolidated trial.

Following a separate punishment hearing:

• 11/19/90 — the trial court sentenced Lookingbill to death for the capital murder of his grandmother, Adeline Dannenberg, which occurred during the course of committing and attempting to commit robbery in San Juan, Texas, on December 5, 1989; he also received a 75-year sentence for the attempted capital murder of his grandfather, Lorenz Dannenberg, which occurred during the same criminal transaction.

During the sentencing hearing, evidence was introduced that in December 1985 Lookingbill was found guilty of burglary of a habitation with intent to commit aggravated assault and in February 1986 was sentenced to seven years imprisonment. Evidence also admitted at sentencing included the December 1984 murder of Gloria Hoopengarner and that Lookingbill bragged about the murder and robbery to several individuals.

Sentencing

Lookingbill was sentenced to death after his punishment hearing on November 19, 1990, for the capital murder of Adeline Dannenberg. He also received a 75-year sentence for the attempted capital murder of Lorenz Dannenberg.

Appeals

Lookingbill filed a direct appeal brief raising 20 points of error and then a supplemental brief raising one additional point of error.

• 05/01/92 — Lookingbill filed a direct appeal brief raising 20 points of error.
• 11/30/92 — Lookingbill filed a supplemental brief raising one additional point of error.
• 04/06/94 — On direct appeal, the Court of Criminal Appeals denied relief on all 21 claims and affirmed the conviction and sentence.
• 04/25/94 — Lookingbill petitioned for rehearing.
• 06/08/94 — The Court of Criminal Appeals denied rehearing.
• 09/12/94 — The Court of Criminal Appeals issued the mandate.

Lookingbill did not seek certiorari review from the United States Supreme Court.

State habeas proceedings included:

• 11/22/96 — Counsel was appointed to represent Lookingbill during state writ of habeas corpus proceedings.
• 04/21/97 — Lookingbill filed a skeletal state habeas petition.
• 08/20/97 — Lookingbill filed a supplemental habeas petition, raising a total of 12 actual claims for relief.
• 03/04/98 — The Court of Criminal Appeals denied relief based on the Court’s own review and on the state trial court’s findings and conclusions.

Lookingbill moved for a stay of execution and filed a successive state habeas application in the trial court:

• 01/16/03 — Lookingbill moved for a stay of execution and filed a successive state habeas application in the trial court.

Federal habeas proceedings included:

• 07/23/99 — Lookingbill filed a federal writ of habeas corpus petition raising 37 claims.
• 12/10/99 — The State, through Gary Johnson (former Director of the Texas Department of Criminal Justice’s Institutional Division), filed an answer and moved for summary judgment.
• 08/24/00 — The United States District Court for the Southern District of Texas, Brownsville Division, issued a memorandum opinion and order granting summary judgment and dismissing Lookingbill’s writ as untimely filed.
• 10/25/00 — The district court granted Lookingbill’s request and appointed David Sergi as co-counsel.
• 06/03/02 — The Fifth Circuit affirmed the district court’s dismissal of the habeas petition as untimely filed.
• 06/17/02 — Lookingbill petitioned for a rehearing en banc.
• 07/10/02 — The Fifth Circuit denied Lookingbill’s petition for rehearing.

The Texas Board of Pardons and Paroles clemency process included:

• 01/02/03 — Lookingbill petitioned for clemency from the Texas Board of Pardons and Paroles.
• 01/13/03 — The U.S.
• 01/17/03 — The Texas Board of Pardons and Paroles voted to deny Lookingbill’s request for clemency or for commutation.

The Fifth Circuit decision affirmed the dismissal of Lookingbill’s federal habeas petition as untimely filed under AEDPA:

• “We affirm.”
• The panel stated that Lookingbill’s murder conviction became final on September 8, 1994, and that his federal habeas petition filed July 23, 1999 was untimely under § 2244(d) unless further tolled.
• The Fifth Circuit held that Lookingbill’s motion for reconsideration tolled the running of limitations from March 4 to December 16, 1998, and that the remaining 215 days expired on July 19, 1999, making the July 23, 1999 filing four days late.
• The Fifth Circuit held that a motion for appointment of federal habeas counsel did not toll limitations.
• The Fifth Circuit concluded that equitable tolling did not apply because Lookingbill’s arguments constituted “garden variety claim[s] of excusable neglect.”
• “All pending motions are denied.” and “AFFIRMED.”

The dissenting opinion stated:

“I respectfully dissent.” It argued that applying governing Texas procedural law would mean the state application was pending longer, and that equitable tolling should apply due to incompetence and gross neglect of his federal court appointed counsel.

Outcome

Lookingbill was executed by lethal injection in Texas on January 22, 2003. He was pronounced dead at 6:18 p.m.

Aftermath

Lookingbill’s final meal was fried chicken, French fries, iced tea, apple pie, jalapenos, garlic bread, and vanilla ice cream.

Lookingbill’s final statement from the death chamber gurney included:

“I would like to thank all my loved ones that are standing over there for all the kindness and support you have shown me over the years. Be strong. Do not hate, but learn from this experience. Just because it happens, do not think that God doesn't care. He will be with you. I will be there with all of you. I love you all and appreciate all of you. You won't be forgotten and there are a lot of people out there that love you. It has been a blessing to know all of you. This is not easy for any of us. Don't be upset about my situation, because I am not. I am still faithful and I am still strong. Just give my love to everyone out there. Don't forget me and burn a candle for me when you can. I love you all.”

In a report of his final statement, Lookingbill told the gurney:

“When it comes, you can't run from it and I'm not going to run”

He also said, referring to his wife, Brenda, and some friends:

“I would like to thank all my loved ones that are standing over there for all the kindness and support you have shown me over the years,” “Be strong. Do not hate, but learn from this experience. It has been a blessing to know all of you. Don't forget me.”

In recent statements from death row, Lookingbill maintained his insistence that he did not murder his grandmother, including:

“I'm supposed to have knocked off the people I loved most in the world,” “I know I didn't do it. And $500 ain't much compared to my grandmother's life.” “The other side offers more than this life.” “They're doing me a favor,”

A physician treating Adeline Dannenberg indicated fractures of the skull, jaw and hand, with surgery performed to remove bone fragments and a blood clot from the brain, and opined the injuries were caused by a blunt instrument. A pathologist concurred blunt instrument was probably the cause and testified that the metal bar recovered from the tool shed could have caused the injuries.