ILNews

Judge takes on death penalty decision

Michael W. Hoskins
January 1, 2008
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In the week ahead, an Evansville judge could be the first Hoosier jurist to hand down a death sentence since state law changed in 2002.

Vanderburgh Circuit Judge Carl Heldt is scheduled to conduct a sentencing hearing Friday morning for Daniel Ray Wilkes, who jurors convicted last month on three counts of murder for the April 2006 slayings of an Evansville mother and her two daughters, ages 13 and 8.

While they agreed on the guilt phase of the trial, jurors came back deadlocked 11-1 on the penalty Wilkes should face for the crimes. Judge Heldt, who's been on the bench for almost a decade, will pick up that decision.

The change that took effect six years ago requires a judge to follow a jury's sentencing recommendation, which in this case would mean unsealing verdict forms jurors had completed before announcing the impasse. Prior to the law change, judges only needed to consider the jury's recommendation and could enter a different penalty in a capital case.

A judge has not been called to do this since the change, according to Clark County Prosecutor Steve Stewart, who tracks death penalty cases and runs a Web site on them at http://www.clarkprosecutor.org/html/death/death.htm.

This case could hinge on what jurors pointed out about aggravators, Stewart said. During the penalty phase, Vanderburgh County Prosecutor Stan Levco pointed to aggravators as being the multiple murders and one victim being younger than 12.

Because there wasn't a unanimous penalty phase ruling, Stewart said jurors may not have determined any aggravating circumstances existed. However, jurors may have done that by unanimously agreeing on the conviction for the three murders, thereby showing that those aggravators exist, he said.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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