ILNews

Judge takes on death penalty decision

Michael W. Hoskins
January 1, 2008
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In the week ahead, an Evansville judge could be the first Hoosier jurist to hand down a death sentence since state law changed in 2002.

Vanderburgh Circuit Judge Carl Heldt is scheduled to conduct a sentencing hearing Friday morning for Daniel Ray Wilkes, who jurors convicted last month on three counts of murder for the April 2006 slayings of an Evansville mother and her two daughters, ages 13 and 8.

While they agreed on the guilt phase of the trial, jurors came back deadlocked 11-1 on the penalty Wilkes should face for the crimes. Judge Heldt, who's been on the bench for almost a decade, will pick up that decision.

The change that took effect six years ago requires a judge to follow a jury's sentencing recommendation, which in this case would mean unsealing verdict forms jurors had completed before announcing the impasse. Prior to the law change, judges only needed to consider the jury's recommendation and could enter a different penalty in a capital case.

A judge has not been called to do this since the change, according to Clark County Prosecutor Steve Stewart, who tracks death penalty cases and runs a Web site on them at http://www.clarkprosecutor.org/html/death/death.htm.

This case could hinge on what jurors pointed out about aggravators, Stewart said. During the penalty phase, Vanderburgh County Prosecutor Stan Levco pointed to aggravators as being the multiple murders and one victim being younger than 12.

Because there wasn't a unanimous penalty phase ruling, Stewart said jurors may not have determined any aggravating circumstances existed. However, jurors may have done that by unanimously agreeing on the conviction for the three murders, thereby showing that those aggravators exist, he said.
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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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