ILNews

Jury undecided so judge orders death

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
An Evansville judge has handed down the first death sentence since Indiana lawmakers changed the jury's role six years ago. The sentence also is likely the first execution order resulting from a penalty-phase hung jury since 1993.

The execution of Daniel Ray Wilkes is set for Jan. 25, 2009, but that will likely be delayed for years by appeals and could have potential to reach the Supreme Court of the United States as an issue of first impression about whether a death sentence can follow a hung jury, as well as whether a judge has the power to base an execution decision on the jury's finding in the guilt phase.

The appellate wheels delving into those legal issues come from Friday's hearing in Evansville, where Vanderburgh Circuit Judge Carl Heldt issued a death sentence for Wilkes. He'd been convicted in December 2007 on three counts of murder for the April 2006 killings of an Evansville mother and her two daughters, ages 13 and 8. While jurors agreed on the guilt phase of the trial, they came back deadlocked 11-1 on the penalty Wilkes should face for the crimes. Judge Heldt took on that task.

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

U.S. Supreme Court rulings in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584 (2002), held the Sixth Amendment requires a jury to find aggravating factors necessary for imposing the death penalty in capital cases.

Indiana lawmakers made the changes following the Ring ruling. Judges now need to follow a jury's sentencing recommendation, unlike before when judges only needed to consider that recommendation and could enter a different penalty.

Other states require a judge to sentence a defendant to life in prison without parole if a jury can't reach a unanimous death penalty verdict. But in Indiana, that decision is up to a judge.

In Wilkes' case, the issue centered on whether Judge Heldt could rely on the juror's sealed verdicts in the 11-1 deadlock, Stewart said. The judge unsealed those verdicts and announced in court that jurors had unanimously found the existence of aggravators, and that the aggravators outweighed the mitigators, Stewart said. They just couldn't agree on whether the death penalty was appropriate, he said.

Judge Heldt said in court that state law is clear that the court can't consider a jury's indecision, Stewart said.

"The judge also personally found, based on the evidence, that there were aggravators beyond reasonable doubt and the death penalty was appropriate," Stewart said. "Of course, we've got some obvious appealable issues here on the defendant's part, and a first-impression issue at least following Ring v. Arizona."

Stewart said he believes Indiana caselaw is strong enough to uphold the sentence, especially with a three-year-old decision in Holmes v. State, 820 N.E.2d 136 (Ind. 2005), which involved a hung jury from 1993. The court held that because Indianapolis man Eric Holmes was convicted of two intentional murders and robbery, the aggravators of multiple murders and intentional felony murder were proven beyond a reasonable doubt and no violation of Apprendi occurred.

"We're on pretty solid ground here," Stewart said. "But they always go to federal court on habeas grounds. Whether the SCOTUS would grant cert is always the question. But I don't know of any case in the country that would be on that point right now. If it's still unanswered by the time it gets to that level, they could take it."
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT