Joliet casino murder case sent back to Will County for new trial

Robert Watson, 29, listens to closing arguments on Thursday, May 11, 2023, in his trial at the Will County Courthouse. Watson is charged with the murder of Emanuel Burgarino, 76, on March 24, 2019, at the Harrah's casino hotel in Joliet.

An appellate court ruled a homeless man convicted of a 2019 murder at Harrah’s casino in Joliet should receive a new trial because his constitutional rights were violated.

The ruling on Friday from the 3rd District Appellate Court found that Will County Judge Dave Carlson should not have allowed prosecutors to use a sanity report against Robert Watson, 31, formerly of Normal.

The appeals court found the sanity report was prepared for Watson’s defense and protected by attorney-client privilege.

The sanity report was authored by Anna Stapleton, a psychologist employed by Will County. She testified as a state witness against Watson during his jury trial last year.

The jury found Watson guilty of the fatal stabbing of Emanuel “Sam” Burgarino, 76, in 2019 at Harrah’s Casino in Joliet. Watson was sentenced to 100 years in prison for the crime.

Watson’s attorneys tried to persuade the jury that he was not guilty by reason of insanity. Instead, the jury found Watson guilty but mentally ill.

Stapleton testified that in her clinical and professional opinion, Watson was able to appreciate and understand the criminality of his conduct in the killing of Burgarino.

The appellate court ruled Carlson committed an error by letting prosecutors use Stapleton’s sanity report because she was “engaged to aid” Watson in preparation of his defense and she was not going to testify as a defense witness.

The appellate court further ruled that Carlson should not have allowed Stapleton to testify for the state regarding the sanity report.

“This error was so prejudicial that it deprived [Watson’s] right to a fair trial. ...Thus, we must reverse and remand for a new trial,” according to the appellate court’s ruling.

Judge Dave Carlson listens to opening statements at the Erin Zilka trial at the Will County Courthouse on June 27th, 2023 in Joliet. The former Joliet police officer Erin Zilka is on trial on aggravated DUI charges following a deadly 2020 crash where her passenger, Berwyn police officer Charles Schauer, 33, of Glen Ellyn, was killed.
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