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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT