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Fla. murderer requests, receives death sentence

James Robertson, 46, had grown tired of his incarceration after having spent nearly 30 years in jail

By Drew Winchester
Charlotte Sun

PUNTA GORDA — An inmate at the Charlotte County Jail got his wish Tuesday when 20th Judicial Circuit Judge Christine Greider sentenced him to death for the 2008 murder of his cellmate.

James Robertson, 46, had grown tired of his incarceration after having spent nearly 30 years in jail, and he strangled cellmate Frank Hart to death, hoping the murder would put him on Death Row, Greider said. Instead, Robertson was charged with second-degree murder at the time of Hart’s murder, an offense not punishable by death.

Robertson then stabbed a prison guard in 2011, and attempted to get the guard’s keys so he could kill another inmate, according to reports, but the guard did not give him the keys. Robertson was charged with attempted second-degree murder in connection with the incident, and said he would be forced to kill again unless the court agreed to put him on Death Row.

Robertson got one step closer to his wish Oct. 4, pleading guilty to a more serious charge of first-degree murder for the death of his cellmate.

When sentencing him to death Tuesday, Greider said the court weighed a number of facts prior to making the decision, including Robertson’s criminal history, which began at age 14.

Robertson has been incarcerated since 1980, and has convictions dating back more than 25 years, based out of three counties. He was convicted in 1997 of the attempted murder of a cellmate in Bradford County, but has faced numerous charges -- including burglary, battery, attempted murder and aggravated assault. Greider also took into account Robertson’s childhood, which was mired by violence and drug use, she said, and felt that Robertson would never have a chance at a normal life.

Robertson told investigators and medical experts after the murder that he gave Hart two options that day: torture and death, or straight death. Hart would plead for his life, screaming for help from his cell, before Robertson strangled him with a pair of socks that had been tied together.

Robertson had been actively pursing Death Row since 2008, Greider said, and planned to kill his cellmate hoping to make it a reality. He had grown depressed of his confinement, spending most of his time in close management, living apart from other inmates, and felt he had nothing to live for.

Given the circumstances and his past, Greider said the death penalty ‘was not disproportionate’ with Robertson’s request and sentenced him to die.

Robertson also was sentenced to an additional 15 years in prison for the attempted-murder charge after pleading guilty to the crime.

Prosecutors declined to comment for this story. Robertson’s attorney, Mark DeSisto, could not be reached for comment.

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