Citing State's Slayer's Act, Court Blocks Bid By Wife Killer Rafael Robb To Recover Nearly $3 Million In Assets, Including His University Of Pennsylvania Pension

Attorneys for estate of Ellen Robb also permitted to seek additional assets

Jan 07, 2016, 16:16 ET from Saltz, Mongeluzzi, Barrett & Bendesky, P.C.

NORRISTOWN, Pa., Jan. 7, 2016 /PRNewswire/ -- A Montgomery County Court of Common Pleas Judge has denied admitted murderer Rafael Robb's bid to protect his assets from execution in a landmark legal ruling after a $124.4 million verdict against him after he slaughtered his wife, Ellen Gregory

Common Pleas Court Judge Thomas DelRicci, ruling on a motion filed by attorneys for the estate of Ellen Gregory (Robb) denied the killer's post-trial motion seeking access to about $3 million in assets, including his $2 million-plus pension account and Individual Retirement Accounts (IRAs). Robb argued that the estate – consisting of the couple's only child - of the late Ms. Gregory had no legal right to the assets because, under state law, they included the exempt pension and other accounts not jointly held. In its opinion, the Court, noting that Ms. Gregory was well into the process of divorcing the tyrannical husband and father of their young daughter, stated, "Ellen Gregory would have been entitled to all or the majority of these funds if Rafael Robb had not beaten her to death before the divorce could be completed."

Robert J. Mongeluzzi, of Saltz, Mongeluzzi, Barrett & Bendesky, P.C., which represents the Gregory estate, hailed the judge's opinion and order: "Not only did the judge determine that Pennsylvania's Slayer's Act, which prohibits a killer from benefitting in any way from their actions, squarely applies in this case, but that we are also entitled to continue our search for all of the killer's assets to satisfy the damages award. He may have dodged execution in the criminal case, but will not be able to avoid the execution on his assets in this civil case."

Gary Gregory, brother of Ellen Gregory and administrator of the trust, lauded the court for its thoughtful decision and the trial team for its diligence. "All we ever wanted – since her savage killing in 2006 - was justice for Ellen. This is a big step in that direction. We intend to press forward to turn this tragedy into a triumph for others – and we will continue to do so next month when we vehemently oppose his request for parole (under his plea agreement, the maximum he could serve is 10 years). He showed Ellen no mercy and, for the sake of Ellen and so many other victims of domestic violence, he deserves none in return."

Andrew R. Duffy, who tried the plaintiff's case with Mr. Mongeluzzi and Robert Zimmerman of SMBB, added, "The judge's opinion leaves no gray area in Pennsylvania by holding that a cold-blooded killer like Rafael Robb must not under the Slayer's Act be allowed to benefit from taking the life of another. And that as a matter of justice the victim, or in this case the courageous daughter of Ellen Gregory, may execute against the killer's assets." 

Judge Del Ricci, commenting on the facts of the case (2008-36401, Montgomery County Court of Common Pleas) in his opinion, observed, "To avoid losing control over his wife, control over his daughter, and most importantly to him, control over his money, Defendant bludgeoned his wife to death in a kitchen beating described by defendant himself as a slaughterhouse, and described by a veteran homicide detective of thirty one years as one of the most devastating murder cases he encountered in his career. "

 

SOURCE Saltz, Mongeluzzi, Barrett & Bendesky, P.C.