PIERRE, S.D. Attorney General Marty Jackley announced today that the warrant of execution for Eric Donald Robert has been issued by Second Circuit Court Judge Bradley Zell. Robert is scheduled to be executed between the hours of 12:01 a.m. and 11:59 p.m., during the week of Sunday, May 13, 2012, through Saturday, May 19, 2012, inclusive, at a specific time and date to be selected by the Warden of the State Penitentiary.
Pursuant to South Dakota law, there is an automatic appeal whereby the record of the proceedings will be forwarded to the South Dakota Supreme Court to determine whether the sentence of death was properly imposed; whether the evidence at trial supports the Judge’s finding of at least one statutory aggravating factor; and whether the sentence of death is excessively disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. South Dakota law further provides that, "The Governor may make such investigation of the case as the Governor may deem proper and may require the assistance of the attorney general." Both the Supreme Court and the Governor have the authority to suspend the execution of sentence scheduled by the trial judge until their respective reviews are complete.
FOR IMMEDIATE RELEASE : Thursday, November 10, 2011
CONTACT: Sara Rabern, (605) 773-3215