Evidence of guilt was apparently overwhelming during the trial with three full days of evidence presentation by the prosecution. But now the bulk of evidence presentation will be at the hands of the defense in the penalty phase.
“There will be an opening, witnesses and a closing,” Defense attorney Lawrence Hawkins III told the Journal-News.
Witnesses are expected to include family members.
During the hearing, Robinson has the right to testify under oath — which would open him up to cross-examination by the prosecution — and to make an unsworn statement to tell the jury anything he wants them to know. He can also remain silent.
The defense team said it does not know if Robinson, who did not take the stand during the trial, will speak during the sentencing phase.
Defense attorney David Brewer told common pleas Judge Keith Spaeth after the verdict was read on Feb. 10 they were not requesting pre-sentence investigation or an additional forensic psychological evaluation. Robinson’s competency was questioned several times while he waited for trial, but after considering several forensic psychological evaluations, he was ruled competent by Spaeth.
The jurors will be sequestered until a unanimous decision on sentencing is reached, and that could mean a hotel stay, depending on deliberations. Spaeth instructed jurors to bring an overnight bag on Tuesday in case deliberations are lengthy.
The prosecution is not expected to call witnesses, but will make an opening statement relying on the details of the crime. It will likely mirror opening statements made during the trial.
During opening statements, Assistant Butler County Prosecutor Katie Pridemore told the jury Robinson filled water bottles with accelerant, busted into the bedroom where Scott slept, doused her and then lit her on fire on the morning of May 11, 2023.
Scott ran to the bathroom and jumped out the second floor window of the house to get away, but she was unable to save herself.
“Twenty-nine painful and torturous days later, Brenda Scott died from those horrific burns,” Pridemore said.
Scott was a nurse at UC West Chester with three grown children. She met and fell in love with Robbi Robinson Sr. They were engaged and made plans to move in together.
“Little Rob,” as his family calls him, was not happy about the engagement.
Robinson also did not want to talk with or interact with Scott.
He “bottled up his anger and took matters into his own hands,” Pridemore said.
That opportunity came when Scott stayed at the Robinson house overnight and Robinson Sr., also a nurse, went to work the next morning.
Robinson put on a heavy “puffer” coat despite the 70-degree weather and carried the accelerant-filled bottles to the bedroom.
He burst into the room, knocked out Scott’s front teeth, then poured acetone and cigarette lighter fluid on the bed and her body, the assistant prosecutor told the jury.
“And then defendant, Robbi Robinson, did the unimaginable. He did the worst of the worst, He purposely set another human being on fire,” Pridemore said. “He took a lighter, flicked the lighter on, he looked at Brenda and set Brenda — her flesh — on fire.”
A neighbor called 911, and as emergency workers attended to Scott outside, police found Robinson still inside wearing the coat.
Evidence presented at trial showed Robinson’s DNA was on a lighter found in the bedroom, and accelerants were found on his clothes and jacket as well as on pieces of Scott’s flesh.
Credit: Nick Graham
Credit: Nick Graham
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