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Insanity Defense Fails In Attempted Murder Case

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: February 15, 2008

TAMPA - A man who went to extreme means in an attempt to convince a judge that he is insane was found guilty of attempted murder Thursday and was sentenced to life in prison.

In one of Robert Sinclaire Lee's first court hearings, he had smuggled the blade from a facial razor inside his mouth and began to cut his wrist. Circuit Judge Robert Foster ordered that mental health experts evaluate him.

Before a competency hearing, where three doctors were expected to testify that Lee was competent, Lee smeared feces on his face in a courthouse holding cell.

Lee was sent to Florida State Hospital, where doctors determined he was faking mental illness. In recorded phone calls, Lee was heard laughing about acting insane, said Assistant State Attorney Dereck Capaz.

On Monday, the day jury selection was to begin, courthouse bailiffs found feces in Lee's jacket pocket.

In a holding cell, on Wednesday, Lee had refused to change from his orange jail jumpsuit, repeatedly kicked the door to the cell and began to disrobe. He was not allowed in the courtroom and watched his own trial via closed circuit video.

Thursday was relatively uneventful. When Foster asked Lee if he intended to testify on his own behalf, Lee shook his head slowly. Foster said he took that as a "no." He also said he saw Lee in a holding cell moments earlier and Lee was acting lucid. The courtroom behavior, where Lee was slumped over in his seat with his eyes barely open, seemed to be evidence of malingering, Foster said.

Lee was charged with attempted murder relating to the October 2006 robbery of the Panda Express restaurant in Temple Terrace. Lee held several employees at gunpoint. The robbery was thwarted when a restaurant delivery man returned and opened fire, hitting Lee in a testicle.

Although Lee also fired his gun, no employees were injured.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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