Wife's records delay Robb sentencing

A judge agreed yesterday to review beating victim Ellen Robb's psychiatric records before sentencing her husband, former University of Pennsylvania economics professor Rafael Robb, to prison for her slaying.

Defense attorney Frank DeSimone wants to use the records, drawn from the couple's attempts at marriage counseling, to obtain a reduced sentence for Rafael Robb, who pleaded guilty to manslaughter in November.

Robb, 57, had been scheduled for a sentencing hearing today, but DeSimone's request for Ellen Robb's medical records resulted in an indefinite postponement.

"I want the judge to get a full picture of why this happened," DeSimone said.

Robb sat through the hearing without speaking.

DeSimone would not specify what he hoped the records would show, but he said he had told Montgomery County Court Judge Paul W. Tressler in a private conference.

Tressler said he would review the medical records before deciding whether to turn them over to DeSimone.

Ellen Robb was beaten to death with a steel bar while their 12-year-old daughter was in school.

After nearly taking a murder charge to trial, Rafael Robb admitted he "just lost it" and "started flailing" when he and his wife were arguing over Christmas plans. He pleaded guilty to a reduced charge of voluntary manslaughter.

Former District Attorney Bruce L. Castor Jr., who prosecuted Robb before becoming a county commissioner in January, said that if Ellen Robb's records were deemed relevant, prosecutors would also get to use Rafael Robb's psychiatric records in arguing that the killing deserved a harsh sentence.

District Attorney Risa Vetri Ferman appointed Castor to stay on the Robb case without pay. Castor objected yesterday to the attempt to use Ellen Robb's medical records to get a reduced sentence for her husband.

"All of the sentencing breaks that he's entitled to he already got at the plea," Castor said after the hearing.

State sentencing guidelines offer an array of prison sentences for a voluntary-manslaughter conviction, from a minimum of 42 months to a standard range of 54 to 72 months, to an aggravated range of 10 to 20 years.

After the hearing, Castor huddled with Ellen Robb's family in the courtroom to explain the process.

"I told the family he's locked up," Castor said outside court. "We're winning."