brett robinson.jpg

Brett Robinson appeared in Washington County Circuit Court on Aug. 29 on charges related to an alleged sexual relationship with an inmate. (Benjamin Brink/The Oregonian)

( (Benjamin Brink/The Oregonian))

A former jail worker accused of having sex with an inmate cannot present an insanity defense, a Washington County judge ruled Wednesday.

Brett Robinson, 33, was the second of two civilian staff members arrested on custodial sexual misconduct charges last summer. She's been out of custody since then.

Days before her April 28 trial date, her lawyer, Paul Hood, filed notice that he planned to present evidence of mental disease or defect. Prosecutor Jeff Lesowski then filed a motion to block the evidence.

At a motion hearing, Circuit Judge Andrew Erwin ruled the defense notice was insufficient. Robinson must go to trial next week without the evidence, he said.

Robinson sobbed as the judge announced his decision.

Her lawyer sought to use an opinion of a psychologist who had diagnosed Robinson with depression and anxiety. When she had sex with the inmate, the doctor wrote in a report, she lacked the capacity to follow the law because of her mental illness.

Earlier this year, Robinson's former coworker, Jill Curry, pleaded guilty to having sex with the same inmate, a 25-year-old gang member housed in the Washington County Jail's maximum-security unit. Curry was sentenced to more than four years in prison.

The prosecutor argued that Robinson's notice of an insanity defense should have been filed much earlier. The defense could have filed it in September, when Robinson first met with the doctor, or after her subsequent meetings with him in October or November, Lesowski said.

While the doctor's final report may not have been ready then, Lesowski said, there must have been some indication early on that Robinson would be relying on an insanity defense.

"I'm sorry if I'm sounding a little bit incredulous here, but I honestly am," he said.

Her attorney told the court that he provided notice of the doctor's finding as soon as possible. The psychologist's conclusion took shape over time, he said.

"We have been very diligent in our effort to explore these issues and provide notice to the state when we had the opinion of that expert," Hood said.

He argued that to exclude the evidence would be extreme and would trample Robinson's constitutional rights.

State law says that defendants should file notice regarding evidence of mental disease or defect when they plead not guilty. The notice may be filed later if "just cause" is shown.

The defense attorney said "just cause" was not defined in the statute, but the threshold for it must be low because defendants rarely file notice as early as the law directs.

But the judge decided otherwise.

"Do I find good cause for the delay?" Erwin said. "I can't."

Robinson's shoulders started to shake as the judge weighed in. The notice filed April 10 was "insufficient," he said. "It's untimely."

The judge didn't want to delay the case anymore.

"We have an April 28 trial date, and we're still moving forward," he said.

As the hearing ended, Robinson cried harder.

-- Emily E. Smith

esmith@oregonian.com

503-294-4032; @emilyesmith