Donald Roberts - former Delaware prosecutor removed from office for D.U.I's, breaking and entering, and malicious prosecution.
Prominent prosecutor faces DUI charge
November 13, 2008
Section: LOCAL
Edition: Final
By ESTEBAN PARRA
The News Journal
A veteran Delaware prosecutor is facing a drunken driving charge after veering his state car off a road and striking two mailboxes before stopping in front of a Bear driveway last month, state police said.
An empty bottle of Canadian Mist whiskey was found on the passenger-side floorboard of the Chevrolet Malibu that Donald R. Roberts was driving with a blood alcohol level of 0.33 -- more than four times the state's legal level of 0.08, according to court documents.
Roberts, 51, the former head of the Delaware Attorney General's Child Predator Unit, could not be reached Wednesday.
Though the Attorney General's Office said it would not comment on pending cases, spokesman Jason Miller confirmed the car was state-owned. He also said Roberts is no longer head of the Child Predator Unit.
Miller would not say if Roberts was removed from the position nor what his current status is at the Attorney General's Office.
He is the second veteran prosecutor to be charged with drinking and driving in four months.
In September, Deputy Attorney General Victoria R. Witherell pleaded guilty to driving while under the influence of alcohol on Aug. 21 when she crashed into a tree in Rehoboth Beach.
"It's embarrassing at best and worst," said Edward Ohlbaum, a professor at Temple University's Beasley School of Law. "On the one hand, you have folks who are charged with responsibly enforcing the law, some of whom are violating the law. But on the other hand, you have to say that it certainly looks as if everybody is doing their job. People are getting arrested, not withstanding the fact that they are prosecutors.
"Nobody is getting a free pass."
According to court papers, police were called to an accident on Del. 7, just north of Del. 71, on Oct. 19.
A trooper found the car, which was damaged on the right side. Roberts was sitting in it with his seatbelt on and the airbag deployed.
Roberts was "incoherent and unable to speak," police said.
As Roberts was being prepared to be taken to Christiana Hospital, witnesses told police the Malibu was northbound on Del. 7 before it started weaving into the southbound lanes. The Malibu then drove to the right shoulder of Del. 7, striking a mailbox and going into a front lawn. It returned to the shoulder only to strike a second mailbox before stopping in a driveway, police said.
Police said blood was drawn from Roberts while at Christiana Hospital and test results showed its alcohol content exceeded the state limit.
Roberts has a hearing scheduled for next month in Justice of the Peace Court.
He has spent the last 12 years at the Attorney General's Office prosecuting mostly sex offenses. Last year, he successfully prosecuted heavy metal musician Ernie Carletti, who was sentenced to 33 years in prison for kidnapping, raping and torturing a University of Delaware student in 2003.
Attorney General Beau Biden recently named Roberts to head the Child Predator Unit, which is charged with prosecuting criminals who use the Internet to commit crimes against children.
Before joining the Attorney General's Office in 1996, Roberts was a Wilmington police officer for 20 years.
Contact Esteban Parra at 324-2299 or eparra@delawareonline.com.
Supreme Court rules trial unfair December 14, 2008
By ESTEBAN PARRA The News Journal
The Delaware Supreme Court overturned the rape conviction of a 39-year-old man, saying the prosecutor was wrong to suggest to jurors that only the guilty are taken to trial. Deputy Attorney General Donald R. Roberts' comments jeopardized the fairness and integrity of the trial, the Supreme Court said in its eight-page opinion issued last week.
Roberts' statement that prosecutors don't take "falsely reported cases to trial," removed defendant Kevin A. Hardy's presumption of innocence, Supreme Court Chief Justice Myron T. Steele wrote. "The Delaware Constitution recognizes the presumption of innocence as a fundamental right," Steele said. "For the prosecutor to imply to the jury that he, and the state, prosecutes guilty people only, deprives Hardy of that fundamental right."
Steele went on to say it was the prosecutor's duty to represent the state, which includes the defendant, on trial: "Therefore, it is his duty to see that the state's case is presented with earnestness and vigor, but it is equally his duty to see that justice be done by giving the defendant a fair and impartial trial."
Jules Epstein, associate professor at Widener University School of Law, said the comments show a lack of training a prosecutor gets in his or her office. "Prosecutors don't determine if something is false, juries do," Epstein said, adding that it is wrong for prosecutors to "vouch" for their cases. "Vouching is prohibited. The prosecutor is never allowed to say 'I personally, or we the government institutionally, believe this witness, disbelieve that witness or know this fact to be true. "Those are longstanding no-no's."
It is not uncommon to see this sort of prosecutorial misconduct in emotion-charged cases, such as sex offenses, Epstein said. In 1987, Clarence Moore was convicted of rape and robbery by a New Jersey jury. In his appeal, Moore argued that the prosecutor made improper arguments when he told jurors: "The last thing I have to say is that if you don't believe [the victim] and you think she's lying, then you've probably perpetrated a worse assault on her."
The U.S. Court of Appeals for the Third Circuit overturned the conviction in 2001, saying the prosecutor's comments were "outrageous" and "calculated to divert the jury from its sworn duty to focus on the evidence." "They're very emotional cases," Epstein said, suggesting they are often cases in which the "prosecutors feel strongly about the complainant as a victim and emotions take over."
According to court records, Hardy was met at a vacant Wilmington house on Dec. 27, 2006, by a woman he previously had lived with. The two had had sex before and did heroin together. On that day, the two were doing drugs when they began to fight. When Hardy told the woman to take off her clothes, she resisted and they continued fighting until they fell asleep.
They woke up the next day and resumed fighting. This is when he raped her, according to court documents. Hardy was arrested the following month and convicted in February of first-degree rape, aggravated menacing and unlawful imprisonment in the first degree.
The Delaware Attorney General's Office said it respects the Supreme Court's decision and the case would be given to another attorney when it comes up for trial. Roberts was put on leave without pay from the Attorney General's Office in October after he was charged with drinking and driving. The state car he was in veered off the road, striking two mailboxes before stopping in front of a Bear driveway. An empty bottle of Canadian Mist whiskey was found on the passenger-side floorboard and police said Roberts' had a blood alcohol level of 0.33 -- more than four times the state's legal level of 0.08, according to court documents.
Friday, December 26th, 2008
Donald R. Roberts, a Delaware prosecutor who is currently on leave from his position pending a drunken driving charge, is now facing accusations of breaking and entering into a Maryland home earlier this month.
“You can’t arrest me, I’m a prosecutor,” claimed Roberts to a Harford County, Md., deputy sheriff who arrested him after finding Roberts in the backyard of a Belair home. At the time, the 52-year-old had his Delaware Deputy Attorney General badge and a “pungent smell of alcohol,” according to Harford County District Court records. His attorney, Joe Hurley, said his client was confused and thought he was going into a house where he had been staying.
“He was going to a place that he was going to be living at, it was late at night, it was very dark,” Hurley said. “As it turns out, the place he intended to go was across the street. Apparently it’s a house that’s not directly on the street and you can’t see it.”
The DUI charges his is facing are connected to an Oct. 19 incident in which the state car he was driving veered off Del. 7, hit two mailboxes then stopped in front of a Bear driveway. Responding officers said they found an empty bottle of Canadian Mist whiskey on the passenger-side floorboard. Roberts had an astonishing level of 0.33 in his system, which is four times the state’s legal level of 0.08, according to court documents. He was then immediately placed on leave from the Attorney General’s Office on October 20.
He continues to collect his pay, which was $92,978 in 2007.
His trial on the October charges is scheduled for Feb. 27 at Justice of the Peace Court 15 in Claymont.
In the new charges, a woman was preparing dinner with her children about 6 p.m. Dec. 4 when she heard the door to the rear gate slam. According to police, she then saw Roberts walk to the rear sliding door and try to open the locked door. He demanded to be let in to this women’s house, with whom he had absolutely no relationship with whatsoever. She then accordingly alerted the authorities.
Roberts allegedly told the woman repeatedly to let him in, but according to police, she did not know him and told him “several times to leave because she was in fear for her safety as well as her children’s safety.”
When he would not leave, the woman called police.
Hurley said Roberts told the woman he was lost and informed her of the address for which he was searching. He then stayed and waited for police to arrive.
“When they did arrive, he did not want to get shot and he did tell them that he was a prosecutor from Delaware,” Hurley said. “He did identify himself so that they would know they’re not dealing with a burglar because they were sheriff’s deputies that came with guns drawn.”
Hurley would not comment on why Roberts was in Bel Air. According to the court document, Roberts’ address is the 4600 block of Little Rock Drive in Penny Hill.
Roberts has been charged with two misdemeanors: fourth-degree burglary theft and trespassing. He has a preliminary hearing scheduled for Feb. 3 in District Court.
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Defendant Gudzelak asserts “D.A.G. Roberts repeatedly attempted to incriminate Defendant by unethical means.”
Del. prosecutor facing DUI charge arrested again
December 20, 2008
Section: Local
Edition: Final
Page: B1
By ESTEBAN PARRA
The News Journal
A Delaware prosecutor, who is on leave pending a drunken driving charge, now faces accusations he broke into a Maryland home earlier this month.
"You can't arrest me, I'm a prosecutor," Donald R. Roberts allegedly said to a Harford County, Md., deputy sheriff arresting him after finding Roberts in the backyard of a Bel Air home. Roberts, 52, had his Delaware Deputy Attorney General badge and had a "pungent smell of alcohol," according to Harford County District Court records.
Roberts' Delaware attorney, Joe Hurley, said his client was confused and thought he was going into a house where he had been staying.
"He was going to a place that he was going to be living at, it was late at night, it was very dark," Hurley said. "As it turns out, the place he intended to go was across the street. Apparently it's a house that's not directly on the street and you can't see it."
Roberts already is facing charges connected to an Oct. 19 incident in which the state car he was driving veered off Del. 7, hit two mailboxes then stopped in front of a Bear driveway. Responding officers said they found an empty bottle of Canadian Mist whiskey on the passenger-side floorboard.
The veteran prosecutor and former Wilmington police officer had a blood alcohol level of 0.33 -- more than four times the state's legal level of 0.08, according to court documents.
Roberts was placed on leave from the Attorney General's Office on Oct. 20.
He continues to collect his pay, which was $92,978 in 2007.
His trial on the October charges is scheduled for Feb. 27 at Justice of the Peace Court 15 in Claymont.
In the new charges, a woman was preparing dinner with her children about 6 p.m. Dec. 4 when she heard the door to the rear gate slam. According to police, she then saw Roberts walk to the rear sliding door and try to open the locked door.
Roberts allegedly told the woman repeatedly to let him in, but according to police, she did not know him and told him "several times to leave because she was in fear for her safety as well as her children's safety."
When he would not leave, the woman called police.
Hurley said Roberts told the woman he was lost and informed her of the address for which he was searching. He then stayed and waited for police to arrive.
"When they did arrive, he did not want to get shot and he did tell them that he was a prosecutor from Delaware," Hurley said. "He did identify himself so that they would know they're not dealing with a burglar because they were sheriff's deputies that came with guns drawn."
Hurley would not comment on why Roberts was in Bel Air. According to the court document, Roberts' address is the 4600 block of Little Rock Drive in Penny Hill.
Roberts has been charged with two misdemeanors: fourth-degree burglary theft and trespassing. He has a preliminary hearing scheduled for Feb. 3 in District Court.
Contact Esteban Parra 324-2299 or eparra@delawareonline.com.
Attorney General's office says deputy Roberts on 'leave'
April 2, 2009
News Journal filed FOIAs to obtain info
By ESTEBAN PARRA
The News Journal
After days of refusing to comment on the employment status of one of its prosecutors, the Delaware Attorney General's Office on Wednesday said Donald R. Roberts is employed by the agency but is on "paid accrued leave" until he retires July 1.
The agency's about-face came a day after The News Journal filed two Freedom of Information Act requests seeking Roberts' employment status. The agency released Roberts' employment status in December, following his arrest in Maryland on charges he tried to break into a house there, but refused to do so after those charges were dropped last week.
According to court records, a Bel Air, Md., woman was preparing dinner Dec. 4 when she heard the gate to her backyard slam shut. She saw Roberts walk to the rear sliding door and try to open the locked door. The woman called police, who charged him with three misdemeanors. Roberts' attorney said his client confused the house with another house he had recently moved to.
These charges came after a DUI arrest in October, in which the 14-year veteran of the agency allegedly crashed a state car in Bear while driving with a blood alcohol level of 0.33. A trial on those charges is pending.
After Roberts was cleared of the Maryland charges last week, the Attorney General's Office refused to comment until the official request was made.
The News Journal requested additional information, which the agency provided. This includes Roberts's start date of July 1, 1994, and his current yearly salary of $106,994.
Written by Administrator
Thursday, 11 June 2009 06:53
Roberts gets 1 year probation in case
By NICHOLAS PERSAC • The News Journal • June 11, 2009
Fourteen-year veteran prosecutor Donald Roberts pleaded guilty Wednesday to DUI charges stemming from an incident in October that left his state-owned car crashed in the front lawn of a Bear home.
Roberts was sentenced for the first-offense DUI with one-year probation. He also must attend a treatment program as well as pay court costs, a $230 fine and $500 in restitution to the state of Delaware.
Both Roberts and his attorney, Joe Hurley, refused to comment when asked about the guilty plea. Roberts stood quietly during the proceedings, speaking only to confirm his identity and his guilt.
Roberts pleaded guilty to driving with a blood-alcohol content of 0.33, more than four times the state's legal 0.008 limit, court documents said.
Roberts was placed on "paid accrued leave" until June 30, when he retires, after the DUI charges were followed by another run-in with the law.
The second incident, in which the charges were dropped, involved a woman alleging Roberts tried to break into her Maryland home.
The woman heard her backyard gate slam shut on Dec. 4 and saw Roberts try to enter a locked sliding door, according to court documents. The woman then called police, who charged Roberts with three misdemeanors. His attorney said Roberts confused the home with a house in which he recently moved.
In the DUI incident, police were called to an accident on Del. 7 just north of Del. 71 on Oct. 19. There they found Roberts sitting in his damaged car wearing his seatbelt with deployed airbags, court documents showed.
Attorney General's Office spokesman Jason Miller said the car was state-owned.
The trooper who found Roberts in the car, which was damaged on the right side, said Roberts was "incoherent and unable to speak" and found an empty bottle of Canadian Mist whiskey on the passenger-side floor of the Chevrolet Malibu.
Witnesses told police Roberts was driving north on Del. 7 before he started weaving into the southbound lanes. He then drove onto the right shoulder, striking a mailbox and driving on a home's front lawn. He drove back to the shoulder and hit a second mailbox before he stopped in a driveway, police said.
Police said Roberts was taken to Christiana Hospital, where blood tests showed his alcohol level was greater than the legal limit.
Roberts was the second veteran prosecutor to be charged with drinking while driving in a four-month span. Deputy Attorney General Victory Witherell pleaded guilty to driving under the influence of alcohol Aug. 21, when she crashed into a tree in Rehoboth Beach.
Roberts joined the Attorney General's Office in 1994, where he prosecuted mostly sex offenses. He was head of the Child Predator Unit, which prosecutes online crimes against children, but was removed from the post after the DUI arrest.
Roberts, who worked as a Wilmington police officer for 20 years, successfully prosecuted musician Ernie Carletti, who was sentenced to 33 years in prison for kidnapping, raping and torturing a University of Delaware student in 2003.