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Federal death penalty trial still possible

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The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.

A plea hearing was set today for Jarvis Brown, who was one of three men charged with a series of robberies, attempted robberies, and shootings in Indianapolis and Evansville during an 18-day period in December 2005. All parties signed a plea agreement, but a courtroom deputy in U.S. District Judge Richard Young's Evansville chambers said a morning plea hearing didn't happen as planned. Though both sides have signed a plea agreement, Brown refused to sign a petition that the judge wanted on the record.

Now, the judge has given Brown until Oct. 9 to file a petition with the court. If that doesn't happen, the plea agreement will be taken off the table and a death penalty trial will be rescheduled.

Federal prosecutors indicted Brown in June 2006, showing the men during their crime spree shot 12 people - killing four and wounding eight. The U.S. Attorney's Office requested the death penalty for the trio; cases remain ongoing for co-defendants Gabriel Jordan and Teddy Weems.

The case was originally set for trial earlier this year but was repeatedly continued as plea negotiations occurred. The agreement between the U.S. Attorney's Office and Brown came Sept. 19 and would mean the Indianapolis man would likely spend the rest of his life in prison rather than being executed.

In the 12-page plea agreement, Brown agrees to plead guilty to six counts ranging from murder of a witness to prevent them from communicating with police; conspiracy to posess and distribute more than 50 grams of cocaine and marijuana; conspiracy to interfere with commerce by threats or violence; use of a firearm during a crime of violence; and drug trafficking that resulted in murder. The agreement states that Brown, who is in his late 20s, will cooperate with authorities and be subject to five life sentences and a 20-year imprisonment, all to run consecutively.

Neither the U.S. Attorney's Office nor Brown's attorneys in Evansville returned a call today from Indiana Lawyer.

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  1. 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

  2. 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.

  3. 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?

  4. 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

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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