ALBANY, GA (WALB) –An accused killer's lawyer questions the decision to seek the death penalty against him, three years after the crime.
Roshanda Dowell was killed in an East Albany parking lot nearly two years ago.
Last week suspect Allen Robinson was re-indicted, and the D-A filed a notice saying he's making this a capital case.
It's been close to two years since Roshanda Dowell was brutally stabbed, her throat cut in an east Albany grocery store parking lot.
So Allen Robinson's lawyer says he has serious questions why Prosecutors just decided to seek the death penalty.
Roshanda Dowell lived with Allen Robinson for a long time, and had two children together, but they were estranged November 5th 2008 Investigators when they met in an East Albany parking lot to discuss those children. Prosecutors say nearly a dozen people witnessed Robinson try to drag Dowell inside his car, and then stab her to death. So attorney Bill Murray has concerns why now the D.A. moves to seek the death penalty.
Murray said "Same charges, same alleged facts. Nothing different. Just the decision to seek a more severe, much more enormous penalty. Therefore we question the propriety of this."
Murray says Robinson has contested the charge of murder since his arrest, because of his mental state during the crime.
2:56:55 Murray said "We have already filed a notice of intent to raise the question of mental incompetency. Which will play a central aspect of any case, especially if it's a capital offense case."
District Attorney Greg Edwards says he believes a judge and jury should decide whether the death penalty is appropriate in this case.
Edwards said "While time has passed since the event took place, we think that the facts have never deteriorated one bit. We believe this is the appropriate course of action."
Murray says seeking the death penalty will put this murder trial "off the tracks" before it can be tried, as he expects to file many motions and appeals in Robinson's case, to keep his client from paying the ultimate price.
Murray says Judge Stephen Goss has already authorized mental evaluations for Allen Robinson for his defense, but those tests and interviews have not been conducted yet.
The D-A says he told Dowell's family that seeking the death penalty will mean the case will take much longer, but they agreed.
Edwards thinks the case could go to trial within the next year.