The Kentucky Supreme Court has affirmed the conviction of Robert Rogers, the man found guilty but mentally ill in the murder of his two sisters.
Rogers and his attorneys appealed the guilty but mentally ill verdict—and its two 20 year sentences set to be run concurrently—saying that Judge John Atkins had showed bias against Rogers on the morning trial was set to begin in 2018. Instead of a jury trial, Rogers chose to have a bench trial, which means Judge Atkins acted as both judge and jury.
Rogers’ attorneys argue that because of bias, Atkins should have recused himself and established a new trial, which Atkins denied. They also argue that based on evidence presented at trial Rogers should have been found insane, rather than mentally ill, and therefore isn’t criminally responsible for the murders.
The Kentucky Supreme Court ruled that the court proceedings did in fact determine that Rogers has a history of mental illness and was not taking his medication at the time of the murders in 2016, while also having complained previously about his sister’s Carolyn Coleman’s handling of their mother’s estate.
The Supreme Court affirms that Atkins was correct in his ruling, as there was ample evidence that Rogers understood what he had done, including attempting to clean up the scene before police arrival and taking out a restraining order earlier in the year.
The Supreme Court ruled that Atkins did not have to recuse himself from the case for having asked about a guilty plea before trial began, and therefore did not require a new trial. Rogers is set to serve 20 years for the murder of Carolyn Coleman and Joanne Rogers.