Jury awards $30 million in wrongful death lawsuit
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A weeklong wrongful death trial ended Friday with jurors awarding $30 million to the estate of Martha Darlene Roberts, who was brutally slain in April 2006 near the Alabama-Georgia line.

Vernon Roberts, as the representative of his late wife’s estate, sued Barbara Roberts, his ex-wife, and Dr. Robert John Schiess in U.S. District Court in Rome for punitive damages concerning the murder of his wife.

Upon hearing the jury’s decision, Darlene Roberts’ family hugged one another offering congratulations.

“I’m glad everything turned out in our favor, and I think justice was done,” said Vernon Roberts. “We can now get closure in our lives as a family.”

“It’s a great day for the family, though this doesn’t compensate for the loss,” said attorney Andy Davis, who represented Vernon Roberts. “They lived through some horrific events. Hopefully this sends a message that we won’t tolerate senseless killings.”

In closing arguments on Friday, Davis said the criminal case began with Schiess kidnapping Darlene Roberts, and her death was a direct result of that kidnapping.

“If he doesn’t kidnap her, she doesn’t die,” Davis told the jury.

Schiess’ lawyer referred to the civil case as a quasi-murder trial and argued that Schiess had stepped up for his part in the crime when he pleaded guilty to a lesser kidnapping charge — but did not murder Darlene Roberts.

Barbara Roberts, who was previously convicted of murder, was not in attendance and did not present a defense.

The jury

Prior to sending jurors out for deliberation, Judge Harold L. Murphy told them that if they awarded damages, it was up to them to come up with an amount.

Jurors Christopher Hitchler and Jerry Sanford said the $30 million was an abstract sum to be split between the two defendants.

“How do you put a price on human life?” asked jury foreman Hitchler.

The only question put to the court by jurors during deliberations was if there is a limit to the amount of punitive damages awarded under law — to which Murphy answered with a simple “no.”

The lack of actual testimony from the defendants, especially Schiess, during the trail led in part to the jury’s decision, Hitchler and Sanford said.

Schiess refused to answer any questions and gave a blanket assertion of his Fifth Amendment rights not to incriminate himself during a video deposition played before the court — even declining to answer when asked his address.

Another potentially confusing aspect of the trial, the jurors said, was that much of the evidence against Schiess came in the form of statements made by Barbara Roberts just after her arrest as to how the plot was orchestrated and his involvement.

Jurors were not allowed to hear any of that hearsay evidence as Barbara Roberts was a co-defendant in the civil case — however they did hear the statements she made to police concerning her own actions.

Vernon Roberts’ lawyers relied on physical evidence garnered during the criminal investigation as well as the testimony of investigators from several Alabama and Georgia agencies to present the case.

The criminal case

On the spring afternoon of April 6, 2006, Martha Darlene Roberts was found murdered on the edge of a pasture pond near County Road 941 in Cherokee County, Ala. — mere miles from her home.

Evidence eventually led police to Barbara Roberts and her sometimes live-in boyfriend Schiess. GBI agents arrested the duo weeks after the murder as they returned to the Atlanta airport from Texas, attending the funeral of Barbara Roberts’ mother.

Barbara Roberts was tried and convicted of murder and later sentenced to life without parole in prison in August 2008.

Schiess pleaded guilty in August 2008 to a lesser kidnapping charge in connection with murder. He was sentenced to 20 years to serve 3 in prison and was recently released from imprisonment, according to his family.

comments (12)
« gz123 wrote on Wednesday, Nov 04 at 05:12 PM »
Well I have met Vernon before and he reminds me of a snake oil salesman I have never met someone so full of himself. He doesnt deserve one dime after all he was a suspect in the murder at first until he charmed his way out of it. As far as his newest wife (the 4th one) she was riding around in Vernons Corvette 3 days after the funeral what kind of woman is she. I know she also gave up custody of her 9 yr old son to move to Fl with him she must be a real piece of work (Im sure she only see's dollar signs anyway). But you are right when judgment day comes you wont be able to charm your way out of things then. Also I feel very sorry for the family and Im praying for them everyday.
« JusticeSeeker wrote on Sunday, Nov 01 at 11:33 AM »
We have also prayed for justice and truth for three years. Dr Robert Schiess is the kindest man I have ever known. He spent his life dedicated to his family and patients. He payed for his surgical staff to go to San Salvador two times to help impoverished children. We ate Thanksgiving dinner with an elderly patient and her family because she had no were else to go. He was caring for her in his home. He is not a perfect man but would never have hurt anyone. He had just started to date Barbara Roberts when they were hit by an uninsured drunk driver while stopped at a stoplight. He received a severe head injury and his legs were crushed. Barbara Roberts was also severely injured. He was horrified that she had no family come to help her. They went through a very long and painful recovery. He was forced to close his medical practice. He continued to pay for Barbara's recovery. He repeatedly told me that he cared for her but only wanted her to be ok. He became severely depressed when all he had worked for was taken away by the accident. Barbara Roberts I believe is a sociopath. She lies easily and frequently. Robert Schiess was set up. He spent hundreds of thousands, his retirement, on lawyers who told us not to speak to the press because they had already decided that he was guilty and would twist what we had to say. We were repeatedly told that this was not about truth and justice but based on the law. The civil trial was initiated even before he had been tried. He was told by his lawyers that he had to claim the fifth or his right to be silent, because of the criminal trial. He was given a plea but faced murder charges. Evidence that was discovered and should have been used in the trials had been misplaced and overlooked. Robert Schiess received an anonymous letter while incarcerated. It appeared to be written by someone who knew much about the situation. We appreciate the courage it took to write it, we were advised that the information could not be used. During the civil trial Robert Schiess was again told to take the fifth, remain silent, or he could jepordize his plea. The jurors only saw the shell of a man who had devoted his life to helping others. Robert Schiess did not see what happened and did not know most of the details until the civil trial. He was lied to repeatedly by Barbara Roberts. Thank you for reading this. We pray for the healing of Darlene's family. What happened was horrible. It devistated so many lives and ended hers. We will continue to pray for truth, justice and healing for all.

« anonymous wrote on Saturday, Oct 31 at 04:09 PM »
You are saying that Barbara's brother and nephew went to the trial and testified?
« anonymous wrote on Saturday, Oct 31 at 04:06 PM »
« ledford wrote on Saturday, Oct 31 at 03:29 PM »
Barbara's brother and nephew both testified that she talked to them about how to commit a crime and get away with it.
« jnell4duh wrote on Saturday, Oct 31 at 01:21 PM »
Heard from Darlene's co-workers that she was indeed a fine person, but they didn't feel the same about Vernon. It is true that Barbara's family didn't support her, but it is not true that they testified for Vernon. Glad to hear Darlene's kids were awarded part of the settlement, as badly as Vernon talks about her and her kids, know he wouldn't have been generous with them.
« ledford wrote on Saturday, Oct 31 at 10:27 AM »
Vernon was not having an affair with his ex-wife. As far a Barbara being diabled, yes, from being a drug addict and having a car wreck.

The judgement was as follows, 15 million for Vernon and 7 million for each of Darlene's children. Vernon does not get it all. Matter of fact, the jury awarded this amount and it was way more than the amount in the lawsuit that was filed.

« ledford wrote on Saturday, Oct 31 at 10:19 AM »
I see from your comments that you don't know what really happened. Barbara is not mental, she is evil. She stalked Darlene for a long time. Even her family would not back her because she was so evil. When Barbara's mother heard about Darlene's murder, she had a heart attack and died! She knew Barbara had killed Darlene. Not one person attended the murder trail from her side of the family, if fact they testified for Vernon. Her family had her number.

I know because I was there. Darlene was a precious member of my family and no amount of money could replace her. Darlene had a hard life beginning with her mother being killed in a auto accident when Darlene was 3 years old. Her older sister in essence became her mother. Darlene's sister made the statement that she had always protected Darlene but this was something that she couldn't shield her from. As far a Vernon is concerned, Darlene asked her sister to please take care of Vernon if something happened to her. Darlene sister introduced Vernon to his present wife. He did not know her until AFTER Darlene had been so brutally murdered. You know, I have always said that the truth is not near as bad as the rumors and speculation that surround situations of this nature. As for the money, Vernon doesn't really need it but Darlene's children certainly do. I know Darlene would be pleased with the monotary judgement because it will insure that her children & grandchild will be taken care of, if it ever comes through.
« jnell4duh wrote on Saturday, Oct 31 at 01:13 AM »
Didn't say she didn't get what she deserved, she did. Just think everyone involved should have got what they deserved also!
« anonymous wrote on Saturday, Oct 31 at 01:10 AM »
« georgiaborn wrote on Friday, Oct 30 at 11:22 PM »
The Roberts were my neighbors and your comment sucks. Vernon will probably never see a dime of money, so he will never be a millionaire. So what if he married again, so what how many times he has been married. Barbara Roberts deserves every day she spends in prison, she took a life. I do not feel sorry for her she was the mastermind of the whole plot. You apparently are one of her relatives are someone Vernon jilted. Get a life.
« jnell4duh wrote on Friday, Oct 30 at 07:38 PM »
If only Vernon Roberts getting 30 million dollars was truly justice! True justice would be both men responsible for this tragedy, not just a mentally ill woman on disability, being held accountable for their actions. Dr. Schiess will be getting out of prison next month, and now Vernon Roberts is a millionaire, while Barbara Roberts serves a life sentence. Does this sound like justice? Closure? Doc's back home with Mom next month. Vernon is going to be a millionaire living it up with his new wife he married (for the fourth time) only a few months after his beloved wife was murder by his ex-wife that he was still having an affair with. I prayed for justice, and I have to be content that they both will have the ultimate justice. When they meet God on their judgment day, they will not be able to buy or charm their way out of HIS wrath!