Finding that a convicted murderer is “intellectually disabled,” the California Supreme Court today vacated his death sentence for the October 1983 killing of a Long Beach man who was trying to sell his Cadillac.
“Substantial evidence shows petitioner had significant adaptive difficulties before age 18. Deficits included his functional illiteracy and poor progress in school,” Justice Carol A. Corrigan wrote on behalf of the panel in a 23-page ruling in Robert Lewis Jr.’s case. “His friends and
siblings grew up in similar circumstances and attended the same schools, yet appeared to function at a significantly higher level. These facts suggest petitioner was unable, as opposed to unmotivated, to learn.”
Lewis was convicted of first-degree murder and robbery for the killing of Milton Estell, along with the special circumstance allegation of murder during the commission of a robbery or attempted robbery.
His first death sentence was overturned by the California Supreme Court, which found that the trial court had erroneously considered a probation report in considering whether to lower the penalty from death to life in prison without the possibility of parole.
The trial judge voluntarily withdrew from further proceedings and another judge heard the motion and reinstated Lewis’ death sentence, which was affirmed by the California Supreme Court in a June 2004 ruling.
Los Angeles Superior Court Judge Robert J. Perry subsequently served as a referee at a hearing, in which he noted the defendant’s difficulties in school and concluded that Lewis is intellectually disabled.
“Our own review of the evidence demonstrates petitioner has met his burden of proving he is intellectually disabled,” Corrigan wrote on behalf of the panel.
Lewis has remained jailed since his arrest after Long Beach police officers spotted him in the victim’s Cadillac on November 1, 1983—a few days after Estell was found dead inside his own home.
Estell’s 1980 Cadillac and other items belonging to him were missing from the home. A bill of sale purporting to contain the victim’s signature was found in the Cadillac, but was later determined to be a forgery, according to a June 2004 ruling from the California Supreme Court.
Two of Estell’s neighbors identified Lewis as the man they had seen looking at the Cadillac—with its hood up—and talking with the victim a day before he was found dead inside his house, according to the 2004 ruling.
Estell’s body was found bound and gagged inside a closet, and the defendant’s fingerprints were found in three locations in the house although he denied ever entering the house, the panel noted in its latest ruling.
Estell had a bullet hole in his back and three stab wounds in his chest—with the latter determined to be the cause of death.
“It’s been a very long process,” Robert Sanger, one of Lewis’ appellate attorneys, said shortly after the latest decision was released. “I’m pleased with the result. It took a village to get to this point after all these years.”
Lewis is now expected to serve life in prison without the possibility of parole, according to his attorney.