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Man sentenced to death a second time for '89 slaying in Dallas

07:58 AM CDT on Friday, July 3, 2009

By JENNIFER EMILY / The Dallas Morning News
jemily@dallasnews.com

Mark Robertson was sentenced to death Thursday for the second time for killing an 81-year-old Preston Hollow woman.

He won a second sentencing hearing when a federal appellate court ruled that his original jury had been given confusing instructions about how to consider his punishment. The instructions involved the jury's consideration of mitigating factors, including a defendant's abusive childhood.

Robertson shot Edna Brau between the eyes in 1989 as she slept on the couch with her feet propped up. He then stole the Cadillac of the three-time cancer survivor and drove to Las Vegas, where he was arrested outside a casino.

Robertson appeared to stare ahead when State District Judge Carter Thompson read the verdict. But he smiled at his family when he entered and left the courtroom.

'Cancer to humanity'

Brau's son, John Brau, said after the verdict that Robertson was a "cancer to humanity" who has only cared about himself.

"It's been 18 years between the first trial and this trial. The only difference is he's 18 years older," Brau said outside a Dallas County courtroom. "The jury saw the truth: He's still a sociopath."

Robertson is already serving two life sentences for killing her grandson, Sean Hill, while they were fishing, and 7-Eleven clerk Jeffrey Saunders.

While Brau and Hill's family hugged after the verdict, Robertson's sister, Denise Breedlove, could only cry.

Breedlove's tears got louder and she ran from the courtroom when John Brau addressed Robertson in a victim impact statement. John Brau said he would be there when the state executed him.

Breedlove declined to comment after the verdict. But she said in an e-mail that she would continue supporting her brother.

Family ties

"My heart is broken [by]... the jury's decision," she said. "I love my brother Mark with all my heart and will always love and support him for the rest of our lives."

Defense attorneys Robbie McClung and Richard Franklin argued that jurors should sentence Robertson to life in prison because of his upbringing and drug use.

Robertson was not abused. But he watched as father beat and terrorize his siblings, according to testimony.

His father then rewarded Robertson with money, candy and pats on the head. McClung said this taught Robertson that life had no value.

But Dallas County prosecutors Pat Kirlin, Josh Healy and Ellyce Lindberg argued that Robertson's crimes and his potential to commit future violence mean he should get a death sentence. They also said his past should not prevent jurors from imposing a death sentence.

John Brau, who also is Hill's uncle, said it was hard to come to terms with wanting someone to die.

"It's a horrible thing to wish death on anybody," he said. "But that's the only way to make sure no other family will go through what he put us through, what he put Jeffrey Saunders' family through."

As he spoke, he stopped to read an e-mail that arrived on his phone. It was from a friend who said that now that the verdict was in, all that was left to do was to pray for Robertson and forgive him.

"I guess that's all we can do," Brau said.

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