The judge in the murder case against Economics professor Rafael Robb is considering whether to hold a hearing about the admissibility of testimony from two mental-health experts.
The decision will likely have a serious effect on both the prosecution's case and the time frame of the trial.
The district attorney wants to present expert testimony alleging that Robb's wife was likely murdered by someone who personally knew her and wanted to see her suffer.
During a brief hearing Friday, Montgomery County District Attorney Bruce Castor said the testimony is essential to proving that Robb, not a random burglar, killed Robb's wife, Ellen.
"This piece of evidence really crushes [the defense's] case," he said.
Ellen Robb was found bludgeoned to death in the couple's Upper Merion home on Dec. 22, 2006, and Rafael Robb is charged with first-degree murder and staging a break-in to cover up the crime.
Castor said he will appeal if Montgomery County Court of Common Pleas Judge Paul Tressler orders a hearing about the evidence. The appeals process could delay Robb's trial - which is scheduled to begin Nov. 26 - by two to three years.
If the testimony is barred, it would serve a huge blow to the prosecution, which has little besides circumstantial evidence linking Robb to the murder.
The evidence in question involves a report by a psychologist and a psychiatrist who examined photographs of the victim and crime scene. They stated that the "obsessive intensity of force used against Mrs. Robb went beyond that necessary to cause her death," and that the killer demonstrated a "need to depersonalize" Ellen Robb.
Castor said the testimony shows Ellen Robb was "specifically targeted for death" by a killer who "wanted to wipe her face off the map."
Tressler was set to rule about the admissibility of the evidence Friday at a Frye hearing, which is used to determine if scientific evidence is permitted in court.
Castor argued that a Frye hearing did not apply in Robb's case because the testimony in question concerns experts' opinions, not scientific testing.
Tressler is now deciding whether to hold the hearing.
Courts across the country have ruled that expert testimony basing a killer's psychological profile on crime-scene photographs is inadmissible.
However, the issue has not yet been decided in Pennsylvania and should therefore be brought before a court in this state, defense attorney Jules Epstein argued.
If the evidence is permitted, the defense would be allowed to call its own expert witnesses to contradict the testimony.
Robb is being held without bail in the Montgomery County Correctional Facility. He has been placed on indefinite academic leave from Penn.
If convicted, Robb could face life in prison without parole.
The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn.
DonatePlease note All comments are eligible for publication in The Daily Pennsylvanian.