Judge refuses inmate's request for execution

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A northern Indiana judge has turned down the request of a murder convict who asked to be executed even though he wasn't sentenced to death.

LaPorte Circuit Judge Thomas Alevizos ruled Monday that Walter Leach has not exhausted his alternatives in seeking an execution from the Indiana Department of Correction and that the court has no legal power to grant the request. Due to that, Alevizos said, there was no way for the case to proceed.

"Even if an exhaustion had been shown, there is no common law or statutory authority for a court to grant the requested remedy," Alevizos wrote in his brief order.

Leach, who doesn't have an attorney and is representing himself, was denied even a court hearing on his request. He is an inmate at the Indiana State Prison in Michigan City, where executions are carried out in the state.

Leach claimed to have sent copies of his request to the Department of Correction, the governor's office and the Indiana attorney general's office, but none of the agencies said they could find any such formal request.

Leach, 63, didn't say why he was requesting a lethal injection in the petition he filed Aug. 20 in LaPorte Circuit Court. Leach is serving a 95-year sentence for a 1995 fatal shooting outside an Elkhart County bar. His earliest possible release date is in 2045, when he would be 93 years old, according to the Department of Correction website.

The department said Leach could not be made available for an interview Wednesday.

Witnesses testified during Leach's trial that they saw him staring angrily at Howard VanZant and threatening him inside Duke's Bar in Nappanee on July 4, 1995, the Elkhart Truth reported. VanZant was shot in the head as he exited the bar, and witnesses described seeing Leach in a "pistol stance" pointing at VanZant.

Leach was sentenced to the maximum of 65 years for the murder, with an added 30 years for being a habitual offender.

Clark County Prosecutor Steve Stewart, an expert on the history of capital punishment in Indiana, said Wednesday that Leach's request was unusual but not unprecedented.

Robert Smith was serving a 38-year sentence for battery at the Wabash Valley Correctional Facility in 1995 when he fatally stabbed a fellow inmate who had been convicted of killing a toddler, Stewart said. Smith pleaded guilty to murder on the condition that he would be given the death penalty. He was sentenced to death and was executed in 1998.

Stewart said that many people who are arrested for murder ask for the death penalty but later change their minds.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues