ILNews

Justices affirm sentence in child torture case

Michael W. Hoskins
January 1, 2008
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For the first time, the Indiana Supreme Court today affirmed a trial court's sentence of life without parole for a Lafayette mother who had pleaded guilty to torturing and killing her stepdaughter.

In Michelle Gauvin v. State of Indiana, No. 79S00-0702-CR-65, the state's highest court ruled 4-1 in a direct appeal that Tippecanoe Superior Judge Thomas Busch correctly sentenced the Lafayette mother for murder, confinement, and neglect of her 4-year-old stepdaughter, Aiyana. The girl died from head trauma in March 2005 after months of abuse and neglect. She had been tied to various objects and beaten, including being hit with a broken cutting board, having her mouth duct taped shut, being bound to a booster seat and play gate, and forced to sleep on the floor of a non-heated room in a plastic pan to the point she became malnourished and dehydrated. The opinion also notes that the girl was forced to view bondage pictures of herself tied up and bound.

At one point, the mother claimed that Aiyana sometimes acted defiantly or disrespectfully and forced her to take disciplinary measures.

Michelle Gauvin, who avoided the death penalty by pleading guilty in 2006, received a sentence of life without parole. Her husband and Aiyana's father, Christian Gauvin, went through separate criminal proceedings and received a 50-year sentence for his role in the child's abuse and ultimate death. In late 2007, the Indiana Court of Appeals declined to reduce his penalty.

Michelle challenged the trial court's finding of torture as an aggravator and its rejection of her extreme emotional disturbance as a mitigator, but a majority of the state justices affirmed the trial judge's decision.

"While there may be a scenario that walks the line between parental abuse and outright torture, this is not such as case," Chief Justice Randall T. Shepard wrote. "Michelle submitted Aiyana to abuse so far in excess of its claimed purpose that her actions surely constituted torture. The trial court did not abuse its discretion in finding torture as an aggravating circumstance."

The court also noted the trial judge gave adequate consideration to her claims of emotional disturbance but determined the aggravators outweighed those factors. Describing her actions as "heinous and cruel," the majority noted nothing in her presentation was persuasive enough for the court to revise her sentence.

But Justice Frank Sullivan disagreed with his colleagues, writing that the court has ventured into an area with its affirmation that it shouldn't have. Rather than the life without parole sentence, Justice Sullivan wrote that he'd prefer that Michelle receive a 65-year concurrent sentence for the convictions of murder, confinement, and neglect of a dependent.

"I respect the analysis of Michelle's sentence by the trial court and my colleagues and agree with it in many respects. But this Court has never affirmed a sentence of life without possibility of parole for a mother who has pled guilty to killing her child or stepchild and I do not believe we should do so here," he wrote.

Justice Sullivan weighed the aggravators and mitigators in the case - her guilty plea, diagnosed psychological disorders, absence of criminal history, past history of being a good mother to her two children, and the relative punishment of 50 years her husband and the girl's father received. While agreeing that Michelle should spend the rest of her life in prison, Justice Sullivan determined that her sentence was "disproportionately severe" in light of Christian's penalty.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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