ILNews

Aiming for exoneration

Back to TopCommentsE-mailPrint
Justice in Question

Kristine M. Bunch has a dream of becoming a lawyer, to be a voice for women who don’t have one.

Before that can happen, though, she has to overcome an obstacle that stands in the way of not only a legal education but her very freedom. She has to prove her innocence and overturn an arson and felony murder conviction for a fatal fire that killed her 3-year-old son which led to her spending the past 13 years in prison.

Kristine Bunch

The 35-year-old mother is serving a 60-year felony murder sentence, one she contends is the result of a wrongful conviction caused by faulty science used by fire investigators. An inmate at the Indiana State Women’s Prison on the eastside of Indianapolis, Bunch is offender No. 966069 and has achieved what her attorneys and prison officials describe as remarkable for anyone behind bars: she’s a degree-holding cosmetologist, mini-marathoner, service-dog trainer, and ministry volunteer, not to mention a certified paralegal and the first female inmate to ever take the LSAT.

While she’s proud of her accomplishments inside, those aren’t her main focus. Instead, she’s on a mission to prove she shouldn’t be behind bars in the first place. The odds aren’t in her favor. She’s a convicted felon and is no longer innocent until proven guilty; rather she’s guilty and must regain her innocence. But serving as a beacon before her, Bunch focuses on the fact that wrongful convictions are becoming more common, proven nationally as science evolves and flaws in the legal system become more apparent.

More than 230 people have been exonerated nationally, and Bunch hopes to add her name to that roster with the help of an Indianapolis attorney and Northwestern University School of Law’s Center on Wrongful Convictions. Her post-conviction appeal in Decatur County articulates that the science used to determine the fire’s cause was faulty and that it’s a discredited method proving to be a significant factor in a growing number of wrongful conviction cases nationwide. The appeal represents the first Hoosier case to touch on this issue, and if she proves her innocence she has the potential to be an additional name on Indiana’s exoneration list.

“Kristine is a model prisoner who’s earned her college degree while in prison and is anxious to be released in order to gain custody of her other child and eventually attend law school,” said Illinois attorney and law professor Karen Daniel, who is representing Bunch on behalf of the center. “It’s important that her story be told.”
 

The fire

Her nightmare began June 30, 1995.

In the early morning, the then-21-year-old mother awoke to flames and smoke in her mother’s trailer home in Greensburg. Her 3-year-old son, Tony, had been asleep in another bedroom. In published letters recalling her memories, Bunch described running down the hallway through thick smoke to her son’s room, seeing him trapped inside where he stood on the bed and calling for his mom. She tried to throw a blanket on the fire but couldn’t get inside. She ran outside to find help but not before getting mild burns herself.

Six days later, Bunch was arrested and charged with both arson and felony murder. She pleaded not guilty and went through a jury trial in February 1996. Prosecutors initially sought life without parole, but the jury unanimously recommended against that penalty, and the trial court imposed the maximum of 60 years.

Danial/RicksLooking back on the trial experience, Bunch said she was a naïve at the time. She was four months pregnant with her second son – now 13 – and was still grieving the loss of Tony and in a blur during the trial. The jury convicted her on both arson and murder charges, and she initially received 50 years for the arson and 60 years for the murder, though the trial judge merged the two at sentencing.
“I don’t know if my lawyer did a good job or not,” she said about her appointed trial attorney from Greensburg. “He told me that my best interests were at heart, and I trusted that. But I really don’t know what happened to say if that’s true or not. All I know is that I ended up in here.”

In appealing to the Indiana Supreme Court on direct appeal, Bunch said she had virtually no contact with her appointed appellate lawyer at the time. She received the brief in prison once it was filed. The lawyer also sent the June 9, 1998, appellate decision affirming her felony murder conviction and 60-year sentence. The court also remanded with direction to vacate the arson conviction because of double jeopardy – a person can’t be sentenced for both a felony murder and the underlying felony.

“After the appeal came back, I thought nothing else could be done,” she said. “That’s what I thought was the end.”
 

New hope

After years in prison, Bunch eventually learned about post-conviction relief and that reinvigorated her hope that more could be done. She contacted an author who’d written about wrongful convictions and female inmates before, and that resulted in Bunch sharing her story for the 2001 book, “Letters from Prison: Voices of Women Murderers.”

Researching post-conviction relief in the prison’s law library, Bunch learned she’d need to find her own attorney and fellow inmates connected her with Indianapolis attorney Hilary Bowe Ricks. She had to work three prison jobs to pay off the payment plan they reached, and now Ricks is working the case pro bono.

Through a prison pen pal, Bunch learned about the wrongful conviction clinic at Northwestern’s law school and faxed her trial transcripts to them to review. That was almost a year ago, and her attorneys filed a petition for PCR in Decatur Circuit Court in November. The non-profit Innocence Project based in New York has also gotten involved in the case. A post-conviction hearing is scheduled for Oct. 20, and at that time her attorneys expect for the judge to consider the evidence and ultimately take the matter under advisement to determine whether any relief is warranted. 

Daniel said that Northwestern’s clinic has seen many arson cases in recent years where junk science has played a role, but to date this case is the first litigation initiated on the issue.

Ricks said she also hasn’t had any cases where this has come up, but she expects it to become more frequent.

“This is a very specialized knowledge, and there are many, many cases where they’ve found out now that, through better science, the previous science determining arson is faulty,” Ricks said. “One of the biggest things that struck me when reading the transcripts is that you just don’t jump to an arson conclusion within an hour … . You have to rule out everything else and then come to that decision. That wasn’t done here.”

In Bunch’s case, investigators relied on several factors such as blaze temperature and development speed, irregular burn patterns, low burning, and holes in the floor to determine the fire was likely an arson started in Tony’s bedroom. But advances now show many of those indicators are myths, her attorneys say.

Earlier this year, the National Academy of Sciences issued a congressionally mandated report finding serious deficiencies in the nation’s forensic science system and called for major reforms. Part of that report says fire investigators have in many cases routinely relied on indicators that were common at the time but have since become outdated and discredited by scientific research. Bottom line: Fires once thought to be arsons are now being proven to be the result of some other factor.

The question that must be considered in Bunch’s case and any others raising this issue is whether this change in forensic science standards would have made a difference at trial. Bunch and her attorneys all believe the answer is yes.

“Only recently, I started believing that there’s a chance I could get out before I’m 50-something years old,” she said. “There’s a reason for hope.”
 

Offender No. 966069

Until that possible PCR arrives or her sentence runs out, Bunch lives in a complex with about 200 other women inmates, living in a military-barracks style room where each side has 22 women. Her Department of Correction number is as much a part of her identity as her given name.

She’s earned her general educational development diploma through tutoring, and earned an associate’s degree in cosmetology through Ball State University. Bunch helps boost the moods of her fellow inmates with hair or nail services. She also participates in a ministry through the prison, trains a 20-month-old Labradoodle named Monon to be a service dog for the disabled, and practices for a 13.1-mile prison-track mini-marathon in late September. Bunch also took an eight-month Blackstone course to get certified as a paralegal. In June she took the LSAT and became the first woman in the women’s prison to have ever done so.

“A lot of women in here don’t have a voice and can’t afford an attorney,” she said. “That’s the person I want to be: someone who can give them a voice.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT