The issue of whether a man was insane when he allegedly killed a guest four years ago at Harrah’s casino hotel in Joliet may become a key issue in the trial that began on Wednesday.
The insanity defense, however, did not sit well with Robert Watson, 29, who raised an objection to his attorneys using that defense just before the opening of the trial on Wednesday morning.
“It’s setting me up for failure,” Watson told Will County Judge Dave Carlson.
Watson then claimed he did not kill Emanuel “Sam” Burgarino, 76, and that his attorneys were trying to persuade him to take an insanity plea.
Watson is charged with the first-degree murder of Burgarino on March 24, 2019 at the Harrah’s casino hotel in Joliet by stabbing him to death multiple times.
Watson told Carlson he wanted to proceed as his own attorney and claimed his attorneys never talked to him about trial strategy. His request ignited yet another quandary for a case that has been beset by issues as to whether Watson is fit to stand trial. Both a jury and Carlson himself found Watson was capable of standing trial.
Carlson asked Watson to discuss the issue further with his defense team after raising concerns about his rights as a defendant. Following a brief recess, Watson eventually relented and allowed his three attorneys to represent him at trial.
In opening statements, Will County Assistant State’s Attorney Tom Slazyk told the jury that Watson was not insane and he had a plan to commit a robbery at the casino. Slazyk said Watson made use of latex gloves and concealed a knife in one of his pockets.
“He knows what he’s doing. He knows the criminality of his conduct,” Slazyk said.
Slazyk argued no doctors who will testify in the trial will say Watson is insane.
Shenonda Tisdale, one of three attorneys for Watson, told the jury she believes the state’s evidence is insufficient to prove Watson is guilty of murder beyond a reasonable doubt.
However, if the jury does find Watson guilty, Tisdale said his defense team will ask them to find Watson not guilty by reason of insanity. Tisdale said he plans to bring in Dr. Monica Argumedo to testify about Watson’s mental health.
“She will tell you Mr. Watson suffers from schizophrenia,” Tisdale said.
Under state law, a person is not criminally responsible for conduct if it was the result of a mental disease or mental defect or he lacks substantial capacity to appreciate the criminality of his conduct at the time.
One of the state’s witnesses, Glenn Hill, had identified Watson in court on Wednesday as the man who attacked Burgarino. Hill was a former guest at the casino hotel who witnessed the incident on the fifth floor of the building.
Watson had followed Hill into an elevator to the fifth floor of the casino’s hotel, according to Hill’s testimony. Prosecutors played video that showed Watson following Hill out of the elevator – with the doors almost closing on Watson – and then Hill returning to the elevator to head to another floor.
Hill said he went back into the elevator because of an “uncomfortable feeling” he had about Watson. When Hill eventually returned to his hotel room on the fifth floor, he heard some noise and commotion that led him to open the door and see Watson striking Burgarino.
“It appeared to be a stabbing motion,” Hill said.
Hill said he told Watson “what the (expletive) are you doing?” and “get the (expletive) out of here,” which caused Watson to run away from the scene. Prosecutors played more video showed Watson running down a flight of stairs, pulling his hoodie over his face, slowly walking out of the casino and then running away.
In a tearful testimony, Denise Dixon, Burgarino’s fiancee, said Burgarino was a well driller who owned a well drilling company and the owner of a sports bar. She said the two met in 2010.
The couple were guests at the hotel. Following a dinner, Burgarino had told Dixon he had to go back to his hotel room but he never returned.
“He was a wonderful person,” Dixon said.