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Federal judge upholds Evansville man's death sentence

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A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.

U.S. Judge Tanya Walton Pratt ruled Thursday in the case of Paul M. McManus v. Bill Watson, No 1:07-cv-1483, denying a habeas corpus petition by Paul McManus. He was convicted by a jury in 2001 and sentenced to die for the February 2001 shooting deaths of his wife and children after she had filed for divorce. The convictions and sentence were upheld on direct appeal, but a post-conviction trial court later determined McManus was mentally retarded and turned the death sentence into life without parole. A divided Indiana Supreme Court in June 2007 reinstated the death penalty after reviewing the record, and the nation’s highest court declined to overturn that ruling.

Filing this habeas corpus petition in February 2008, McManus alleged that he was incompetent to stand trial because he had ingested medication and was forced to appear before the jury in a “drug-induced stupor that dramatically and artificially altered his demeanor,” the state failed to disclose exculpatory evidence, his execution is barred by the Eighth Amendment because he is mentally retarded, trial counsel was ineffective in investigating his defense and presenting mitigating evidence, and that he was sentenced to death based on a judge’s findings rather than a jury decision.

Judge Pratt issued a 28-page decision determining that McManus hadn’t met his burden in proving the allegations or that he hadn’t raised a particular issue during the direct appeal stage before the Indiana state courts.

One significant driving point in the Indiana Supreme Court reinstatement was McManus’ level of intellectual functioning at the time of the crime. McManus challenged the state justices’ conclusions on that point and argued that both evidence and research from mental and psychological organizations show he wasn’t competent to stand trial. But Judge Pratt found the justices adequately examined and explained that point and didn’t misapply caselaw to his particular facts.

Judge Pratt pointed out in her conclusion that McManus’ convictions and sentence have withstood challenge in the Indiana state court system and so a presumption of constitutional regularity attached to it, according to Farmer v. Litscher, 303 F. 3d 840, 845 (7th Cir. 2002). She carefully reviewed the state record relating to his current claims and found that no such established rules entitle McManus to any habeas corpus relief.

The Indiana attorney general’s office responded to the ruling on Friday, saying this ruling is “one important step in a complex, decade-long legal process” and is part of the state’s effort for justice.

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  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.

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