ILNews

Justices affirm sentence in child torture case

Michael W. Hoskins
January 1, 2008
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For the first time, the Indiana Supreme Court today affirmed a trial court's sentence of life without parole for a Lafayette mother who had pleaded guilty to torturing and killing her stepdaughter.

In Michelle Gauvin v. State of Indiana, No. 79S00-0702-CR-65, the state's highest court ruled 4-1 in a direct appeal that Tippecanoe Superior Judge Thomas Busch correctly sentenced the Lafayette mother for murder, confinement, and neglect of her 4-year-old stepdaughter, Aiyana. The girl died from head trauma in March 2005 after months of abuse and neglect. She had been tied to various objects and beaten, including being hit with a broken cutting board, having her mouth duct taped shut, being bound to a booster seat and play gate, and forced to sleep on the floor of a non-heated room in a plastic pan to the point she became malnourished and dehydrated. The opinion also notes that the girl was forced to view bondage pictures of herself tied up and bound.

At one point, the mother claimed that Aiyana sometimes acted defiantly or disrespectfully and forced her to take disciplinary measures.

Michelle Gauvin, who avoided the death penalty by pleading guilty in 2006, received a sentence of life without parole. Her husband and Aiyana's father, Christian Gauvin, went through separate criminal proceedings and received a 50-year sentence for his role in the child's abuse and ultimate death. In late 2007, the Indiana Court of Appeals declined to reduce his penalty.

Michelle challenged the trial court's finding of torture as an aggravator and its rejection of her extreme emotional disturbance as a mitigator, but a majority of the state justices affirmed the trial judge's decision.

"While there may be a scenario that walks the line between parental abuse and outright torture, this is not such as case," Chief Justice Randall T. Shepard wrote. "Michelle submitted Aiyana to abuse so far in excess of its claimed purpose that her actions surely constituted torture. The trial court did not abuse its discretion in finding torture as an aggravating circumstance."

The court also noted the trial judge gave adequate consideration to her claims of emotional disturbance but determined the aggravators outweighed those factors. Describing her actions as "heinous and cruel," the majority noted nothing in her presentation was persuasive enough for the court to revise her sentence.

But Justice Frank Sullivan disagreed with his colleagues, writing that the court has ventured into an area with its affirmation that it shouldn't have. Rather than the life without parole sentence, Justice Sullivan wrote that he'd prefer that Michelle receive a 65-year concurrent sentence for the convictions of murder, confinement, and neglect of a dependent.

"I respect the analysis of Michelle's sentence by the trial court and my colleagues and agree with it in many respects. But this Court has never affirmed a sentence of life without possibility of parole for a mother who has pled guilty to killing her child or stepchild and I do not believe we should do so here," he wrote.

Justice Sullivan weighed the aggravators and mitigators in the case - her guilty plea, diagnosed psychological disorders, absence of criminal history, past history of being a good mother to her two children, and the relative punishment of 50 years her husband and the girl's father received. While agreeing that Michelle should spend the rest of her life in prison, Justice Sullivan determined that her sentence was "disproportionately severe" in light of Christian's penalty.
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  1. 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.

  2. 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.

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

  4. 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.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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