ILNews

Court: Death sentence stands

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court today upheld the death sentence against a man condemned for murdering a college student, though the authoring justice disagreed and his writing could offer a key for another execution to be tossed out.

In Michael Dean Overstreet v. State of Indiana, 41S00-0306-PD-249, the court affirmed the post-conviction judgment of Johnson Superior Judge Cynthia Emkes, who'd first sentenced him to death in 2000. The case involves the September 1997 disappearance, rape, and strangulation of Franklin College freshman Kelly Eckart. Overstreet has been on death row for six years and he remains there with this ruling.

The 46-page opinion grapples mostly with the mental illness issue, but also hits on an issue of first impression for Indiana - whether courtroom spectators wearing buttons were prejudicial to Overstreet's right to a fair trial. During his trial, spectators wore buttons with Eckart's picture on them, and Overstreet later appealed. Justices turned to the U.S. Supreme Court for guidance and said the record here doesn't reflect that anything rose to the level of the unacceptable.

While all five justices agreed to affirm the trial court's judgment, they disagreed slightly on the issue of state constitutional claims and whether Overstreet should be executed in light of claims that he's mentally ill.

The court's majority and minority lines blurred slightly in the Overstreet ruling, with authoring Justice Robert Rucker writing for the court but also inserting language more commonly found in the state court's dissents, not majority opinions.

Justice Rucker wrote that he sees no principled distinction between Overstreet's claims and those of the mentally retarded, which by state law cannot be executed.

"That is to say, if a person who is mentally ill suffers from the same 'diminished capacities' as a person who is mentally retarded, then logic dictates that it would be equally offensive to the prohibition against cruel and unusual punishment to execute that mentally ill person," Justice Rucker wrote, citing previous federal caselaw on the issue. "I would declare that executing Overstreet constitutes purposeless and needless imposition of pain and suffering thereby violating the Cruel and Unusual Punishment provision of the Indiana Constitution."

The writing reflects a long-standing rationale for Justice Rucker, who has often been in the court minority relating to death-penalty issues. In this case, Justice Rucker wrote he would remand to the trial court with instructions to impose a sentence of life without parole. However, his colleagues on the court - while all voted to affirm the judgment of the post-conviction court - did not go that far and support that holding in separate opinions.

Chief Justice Randall T. Shepard notes that Overstreet's state claim has already been decided adversely to his position, and that the lower court should be affirmed in all respects. Justice Frank Sullivan concurred, as did Justices Theodore Boehm and Brent Dickson in separate opinions.

Those four justices agreed that the state Constitution doesn't afford greater protection than the Eighth Amendment on this issue, at least not without revisions to state law.

"Although I can certainly understand why the legislature might choose to prohibit the execution of all persons suffering from severe mental illness, that has not occurred in this state, and I cannot read Article I, Section 16 more expansively than the Eighth Amendment," Justice Boehm wrote.

Though Overstreet's death sentence stands, another capital case before the state's highest court could go the other way. A key can be found in Justice Rucker's writing that "there is no evidence that indicates (Overstreet) questions the reality of the crime occurring or the reality of his punishment by the State for the crime committed."

That rationale could come into play if the court decides on an appeal by Norman Timberlake, a New Albany man convicted of shooting and killing a state trooper in 1993 and who died in his Michigan City prison cell Nov. 10. An autopsy showed the cause was emphysema. Timberlake had filed a petition for the state's highest court to rehear his case on the grounds that he's mentally unfit to be executed.

Justices had halted Timberlake's execution in January so that the Supreme Court of the United States could address a similar case out of Texas. A ruling came in June, blocking the execution of Scott Panetti on grounds that it's cruel and unusual punishment to execute a delusional inmate who doesn't understand why he's being put to death.

The SCOTUS ruled 5-4 in the case of Panetti v. Quarterman, 127 S. Ct. 2842 (2007), which blocked Panetti's execution on grounds that he's mentally ill, suffers from delusional beliefs that the state was "in league with the forces of evil to prevent him from preaching the Gospel," and that the lower court should have considered the argument.

At play in Timberlake's case are similar facts: while the record reflects he understood the crime he committed and that he was to be executed, less clear is if Timberlake clearly understood the reason for his execution. His attorney has argued that Timberlake was paranoid, delusional, and irrationally believed a government-operated machine was trying to torture and kill him.

On Nov. 13, attorneys filed notice of Timberlake's death. The court, which could dismiss the request as moot or rule on the legal merits of the case, has taken the matter under advisement. No decision had been reached by early afternoon today.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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