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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.