Trial in student murder set for Jan.

The trial was originally scheduled for last week, but Delaware County District Attorney Jay Mattera said yesterday that the judge agreed to postpone the trial at the request of the lawyer for Arnold Butcher, the alleged gunman. Butcher's attorney, Spiros Angelos, did not return a call seeking comment yesterday. Mattera said that Angelos requested the delay so he would have time to find expert medical testimony on his contention that Robertson's death was the result of medical malpractice and not the shooting. According to Eileen Courtney, the attorney for defendant Michael Shaw, Angelos has filed a motion claiming that paramedics and officials at Sacred Heart Hospital failed to transfer Robertson to a trauma center for treatment despite his mortal wound, and are therefore responsible for his death. She said the motion calls for murder charges to be dropped against Butcher. Courtney said she has filed a motion asking that murder charges be dropped against her client as well. She said that Shaw agreed to side with Butcher in a fight against Robertson, but did not know Butcher would slay the Engineering freshman. "He entered into a conspiracy to fight, not to kill someone," she said. The motion would leave Shaw charged only with simple assault. She emphasized that the autopsy showed that Robertson suffered no other serious injuries than the shot allegedly fired by Butcher. John Williamson, the lawyer for the third defendant, Dwight Townsend, did not return a call seeking comment yesterday. Courtney said that he has filed no motion of his own and she expects that he will "piggyback" on her motions. Butcher, Townsend and Shaw were arrested in the spring in connection with Robertson's shooting death. The Engineering freshman was murdered in his hometown of Chester over winter break. According to news and police reports, Shaw and Townsend fought with Robertson and his brother, Paul, after Butcher objected to Paul's talking with a woman in a local restaurant. Butcher allegedly fired at both brothers, hitting only the 18-year-old freshman, who was struggling with Townsend on the floor. All three pled innocent to first degree murder and related charges in August. Courtney said defense attorneys have not decided if they will request a jury trial.

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