ILNews

Judge reduces death sentences to life without parole

Back to TopCommentsE-mailPrintBookmark and Share

If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.

But he didn’t have that ability then, and it wasn’t until the Indiana Supreme Court re-evaluated precedent almost two years ago that trial judges throughout the state got that chance.

On Aug. 12, Vanderburgh Circuit Judge Carl Heldt did what he’d wanted to years ago – modify a death sentence for convicted killer Danny Ray Wilkes and instead order he serve three terms of life without parole.

The judge’s Post-Conviction Relief order came in the case of Wilkes v. State, No. C01-1009-PC-612, the latest in a line of court decisions since the triple-murder trial ended in late 2007.

Wilkes was convicted in December 2007 on three murder counts for the April 2006 killings of an Evansville mother and her two daughters, ages 8 and 13. 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, serving as a special judge in the case tried in Clark Circuit Court, sentenced Wilkes to death. That marked the first time any Indiana judge had faced that issue since state law had changed and required judges to follow juries’ sentencing recommendations in capital cases. Before that, judges needed only to consider juries’ recommendations and could enter a different penalty in capital cases.

The Indiana Supreme Court in December 2009 upheld the death sentences against Wilkes, finding nothing wrong with how Judge Heldt had applied the law and precedent in place at the time. But the court re-evaluated its stance on what it means when a jury fails to recommend a sentence in a capital case, and chose a new direction from what had been done in the past.

A divided court in 1992 had held no meaning should be interpreted from a jury’s failure to reach a recommendation on death, nor should it be considered a mitigating factor during the penalty phase. That view was upheld in subsequent cases, but when Wilkes’ case appeared before the justices in 2009, Justice Theodore Boehm wrote that an increased emphasis on the role of juries in sentencing during the past decade gave the court reason to reconsider that precedent.

With its ruling, the justices set a new standard for future cases: a jury’s uncertainty could be a relevant consideration for a trial judge to consider in determining the appropriate sentence. Justice Brent Dickson dissented and wrote that he continued to believe a jury’s inability to reach a unanimous sentencing recommendation on death shouldn’t be a factor.

That set the stage for Judge Heldt’s decision Aug. 12, after the PCR proceedings played out during a two-day hearing in June. The Indiana Public Defender’s Office represented Wilkes and argued he should receive a new trial on various issues, such as ineffective assistance of trial counsel and evidence insufficiency. Judge Heldt denied all of Wilkes’ PCR claims, but decided the death sentences should be modified.

"Had this Court had the authority to consider the jury's inability to reach a penalty recommendation at the time of its original sentencing order, it would have sentenced the defendant to life imprisonment without parole," Judge Heldt wrote in his 50-page order. “This court finds that the inability of a jury to recommend the death penalty is a significant consideration."

Citing one of the landmark cases from 1976 that reinstated the death penalty nationwide, Judge Heldt described the death penalty as "society’s ultimate criminal sanction" and wrote that the jury’s indecision must be weighed against all the other aggravating and mitigating factors in this case. That leads him to conclude that Wilkes should receive a sentence of life without parole for each of the three murder counts. The judge wrote that if he’d had that chance to consider the deadlocked jury issue before, his ruling would have been different. Now, it would be “manifestly unjust to allow this Court’s ruling to remain unchanged.”

The Office of the Indiana Attorney General hasn’t yet reached a decision on whether to appeal, according to spokesman Bryan Corbin. Procedurally, the state can ask the Indiana Supreme Court to hear the case and then take the case to the federal courts for consideration.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT