By Shavonne Walker

shavonne.walker@salisburypost.com

A judge plans to review reports to determine if a psychologist will testify in the murder trial of Maurice Robinson to ascertain whether he had the mental capacity to plan, carry out and manipulate two others in three robberies that led to the death of convenience store owner Hecham Abualeinan.

Prosecutors have said Robinson, 37, manipulated co-defendants Kevin Canzator and Christopher Watson into carrying out the plan to first rob Neighborhood Market on West Horah Street and finally Z&H Mart on Mooresville Road.

Canzator, who is related to Robinson by marriage, pleaded guilty in 2015 and is expected to be released from prison in 2030. Watson, who testified last week in the trial that he felt indebted to Robinson, pleaded guilty and was sentenced to life in prison.

Canzator drove the three to the Z&H Mart that night and Watson, wearing a Halloween mask, went inside where he robbed and shot Abualeinan.

Abualeinan died at the scene from a gunshot wound to the side of his head.

Watson was addicted to crack cocaine and had in the past received the drugs free from Robinson. Robinson told Watson he could pay him back by robbing the stores.

The three men were seen on Z&H Mart store surveillance video and charged not long after the video was released to media outlets.

Jurors were sent home early Tuesday afternoon so Judge Joe Crosswhite could hear a series of potential questions for psychologist Ginger Calloway, the first expert witness for the defense.

Calloway, who is in private practice in Raleigh, said Robinson has a less than average IQ, in addition to a number of brain and behavioral disorders that would’ve affected his ability to plan these crimes.

She said based on her conversation with Robinson in 2012 and the diagnoses of other mental health professionals in previous mental health testing, she was able to determine he suffered from intellectual disability, formally called mental retardation, as well as schizophrenia, personality disorder, impulse control disorder, attention-deficit/hyperactivity disorder, and alcohol and marijuana dependency.

She testified out of the presence of jurors that since age 5, Robinson had undergone extensive testing that identified many of the disorders she was also able to diagnose. She said he was in and out of mental facilities and had been tested by various agencies including Daymark Recovery Services, Broughton psychiatric hospital, Piedmont Behavioral Health, Novant Health Rowan Medical Center, the N.C. Department of Corrections, Wake Forest Baptist Medical Center and Cabarrus Family Medical.

Calloway went on to say that although Robinson was not diagnosed with the same mental disorder in each facility, he would be afflicted with those disorders at 5 years old through adulthood. She said he failed kindergarten and attended Wright School in Durham where he was first diagnosed with a mental disorder.

“Those diagnoses explain who he is today,” she said.

“The fact is these disorders are always there,” Calloway said.

Assistant District Attorney Tim Gould said he didn’t care what Robinson’s current mental health was or when he was a teenager, but he did want to know about Dec. 10, 2012.

Gould said he wanted know what Robinson was like at the time of these crimes.

Calloway admitted she did not ask Robinson about the crimes, nor did she know what his mental state was the day of the murder.

“Initially your focus was to determine if he was mentally competent to stand trial,” Gould asked.

“Yes,” Calloway said.

She said the trial was initially a capital case and Robinson’s attorneys, Darrin Jordan and Jay Vannoy, wanted to know if their client was mentally competent to understand the proceedings and be able to help with his defense. Another mental health provider deemed Robinson competent to stand trial.

Calloway said she was also asked to describe Robinson’s mental status and document his history.

She said she watched police video of Robinson’s interview with authorities, which showed his responses to questions about his and then-girlfriend Ashley Bentley’s role in the crimes.

Earlier in Tuesday’s court proceedings, jurors heard from a longtime friend of Robinson’s who told them Robinson and his co-defendants drove to his house the same night of the robbery and murder to burn clothes.

Mike Miller, former owner of Miller Tire, testified Tuesday he has known Robinson since the 37-year-old was a child. Miller told the court that on the night of the robbery, Robinson called him to ask if he could stop by, and the man agreed.

Miller said once they arrived, he spoke briefly with Robinson, who was accompanied by Canzator and Watson, both of whom he knew.

Robinson told Miller they had just “done a job,” Miller testified.

Miller said he saw money in Robinson’s hands and in the passenger seat of the car they were riding inside.

Authorities say the same night, Watson went to the Mooresville Road store with Canzator and Robinson, robbed it and shot Abualeinan, then the men destroyed evidence used in the crimes, namely Watson’s clothes.

Robinson asked if he could burn some items, to which Miller said he wanted to know what was in it for him. Robinson gave him a marijuana joint. Miller, who lit a burn barrel most nights, let Watson burn his clothes and shoes.

Miller initially told jurors Tuesday he believed Watson was burning old rags, which is what he told investigators in 2012. He said he thought it was strange that Watson would remove his shoes during a cold night and burn them as well.

Robinson told Watson he’d “buy him some more shoes,” Miller said.

The next morning Miller recognized Robinson on the news.

Later, when asked by defense attorney Jordan, Miller said he came forward after three years to say he knew more than he first told investigators. He contacted the District Attorney’s Office in January of this year and told them he had not been completely truthful.

Miller said he was afraid to tell the whole truth. He did tell investigators last month he saw the money and a handgun. He said Robinson told him they’d gotten $600. Miller also said he saw Watson give Robinson a gun that Robinson wrapped in a rag and put underneath the car seat.

Miller was convicted in Jan. 28 of felony obstruction of justice after accepting a plea agreement that included testifying against Robinson. He received two years of supervised probation.

Defense attorney Vannoy asked to dismiss the case for insufficient evidence. He said there was not enough evidence to prove Robinson was at Neighborhood Market during those two robberies. He said they also could not prove Robinson knew that Watson would shoot and kill Abualeinan.

Judge Crosswhite dismissed his request and said the trial would continue.

The trial is expected to continue today at 9:30 a.m. in superior court.