Tag Archives: bobbie noonan

Robert Dunn jury recommends life, State fails to get death sentence again

Day Care Killer Robert Dunn

Day Care Killer Robert Dunn

The jury has returned with a recommendation for a life sentence, meaning Robert Dunn will be spared execution.  The Dept. of Corrections will conduct a pre-sentencing investigation, and the sentencing is set for January, but the judge will have no discretion and must impose life without parole.  This is a great result for the Defense team, and demonstrates the difficulty and expense of the State trying to impose the death penalty.



Robert Dunn jury is deliberating death

The jury is out to determine if they are going to recommend the death penalty, or if Dunn will receive life in prison.  I would not be surprised to hear a verdict this evening.



Robert Dunn Jury likely to deliberate death penalty today

The jury in the death penalty trial of Robert Dunn will likely begin their deliberations today whther to recommend the death penalty. He was previously found guilty as charged on all counts. The judge must give great deference to the jury’s recommendation whether to impose the death sentence.

Update: wanted to share some good video from WINK News, note especially the testimony from Dr. Schaerf.  Schaerf is a practicing psychiatrist, and not a hired gun.  See below:



Fireworks fly in Dunn trial sentencing

Check out the heated argument- with video from Wink News: http://www.winknews.com/Local-Florida/2012-12-06/Penalty-phase-begins-for-2008-Cape-Coral-daycare-shooter

Robert Dunn – Penalty Phase

Crimcourts hasn’t been able to observe any of the penalty phase so far, but the News-Press has had especially good coverage of this portion of the trial.  The Defense is making an extensive presentation of the history of mental health problems.  Some of the noteworthy testimony include that he got fired from his pool cleaning job for seeing an imaginary man, and that he was known as “Crazy Bobby”.  His mental health disorders and stressors on his mental state are mitigating circumstances the jury can consider as they determine whether a death sentence will be recommended.  The Defense has a lot to overcome, as the facts of the murder are shocking, and the victim sympathetic.  The State ahs presented testimony from her family regarding the impact on their lives.  The expectation at the courthouse is that the penalty phase will likely resolve this week.



Robert Dunn review

Thanks again to the News-Press.com for the mention in their recent article on the Dunn trial.  I know Mr. Dunn’s attorney, David Brener, takes an exception to my characterization of some of the facts of the case as horrific, but that’s a fair interpretation of the facts.  Mr. Dunn is now convicted of taking a gun into a day care and shooting his estranged wife in front of a classroom full of children.  It doesn’t matter what I call it in an article, those are bad facts that the jury will be weighing during the sentencing phase.  I had also commented that there are mitigating factors that the jury would consider, such as Mr. Dunn’s history of mental health issues.  That comment didn’t make the final cut, but Mr. Stewart did include Mr. Brener’s comments regarding his illness.  Brener is an excellent death-penalty defender, and Mr. Dunn would be foolish to have him removed from the case, as he has requested of Judge Steinbeck. 

As discussed in the article, the conviction is only part of the way to the death penalty, and the last several 1st Degree convictions in Lee County did not result in a death sentence.  Mr. Brener was able to avoid the death penalty for Kemar Johnston, in spite of evidence that Mr. Johnston was a gang leader, and directed the torture of the 2 victims (though the details were in dispute).  The last death sentence in Lee County was 5 years ago in the Twilegar case, wherein Mr. Twilegar beat the victim over the head and then buried him alive.  Crimcourts will continue to follow the #robertdunn case.

Robert Dunn closing arguments finished

Closing arguments concluded this evening in the Robert Dunn – Bobbie Noonan Day Care Killing case, according to Wink News.  The case will be handed over for the jury to begin deliberations tomorrow morning, which will mark the beginning of the 6th week of trial.  There’s no telling how long jury deliberations will take.  I didn’t get to follow the case as closely as I would have liked, but I expect the jury will be able to come to their verdict tomorrow.  There are a lot of jury instructions for them to go over, plus multiple charges and multiples degrees for them to sort through.

The State would like the jury to find him guilty not only of the premeditated murder, but also the Burglary and Child Abuse charges, as these would be aggravators when they argue for the death penalty.  Child Abuse does not require physical harm to come to a child, and can be based on the infliction of mental harm.  Burglary is simply entering a place he was not invited with the intent of committing a crime.  It seems the Defense was arguing hard against pre-meditation, as a conviction of the lesser murder charge could spare Dunn’s life.  The case for premeditation was circumstantial, but it is a fairly impressive case.