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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.