ILNews

Justices rule on death penalty case involving stun belt use at trial

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court today affirmed the convictions and post-conviction relief denial for a death row inmate convicted of murdering three people in Evansville in 1996.

The 43-page ruling in Stephenson v. State, No 87S00-0106-PD-285 (http://www.in.gov/judiciary/opinions/pdf/04260701trb.pdf), affirms the post-conviction court ;s denial of relief for John Matthew Stephenson, who is sentenced to die for the 1997 convictions of burglary, theft, and the murders of John "Jay" Tyler, his wife, Kathy Tyler, and Brandy Southard relating to a drug-ring operation. He was sentenced to death after an eight-month capital trial.

Justices had affirmed the convictions and the death sentence in 2001, but now the court is dealing with how Stephenson was forced to wear a stun belt in the jury ;s presence. Trial counsel made no objection, and the record doesn ;t refer to the belt. However, Stephenson alleged it was a structural and fundamental error and counsel was ineffective for failing to object.

In the opinion authored by Justice Ted Boehm, justices unanimously held that Stephenson ;s trial and appellate counsel was not ineffective, that claims of prejudicial treatment were not valid, and that his due process and fair trial rights were not violated.

While the court holds that the stun-belt use – or "appearing in readily visible restraints" – is inherently prejudicial, it dismisses the claim because Stephenson did not raise the issue on direct appeal and therefore can ;t raise it in post-conviction proceedings.

On the ineffective assistance claims, the court wrote that Stephenson failed to establish reasonable probability that any such objection on the stun belt use would have prevailed or that the guilt or penalty phases would have changed.

Chief Justice Randall T. Shepard wrote a single page concurring opinion, and was joined by Justice Brent E. Dickson, saying, "A few words about the rhetoric of modern death penalty litigation as regards the most common single issue – effective assistance of trial counsel."

"The contention now before us is that the foregoing defense was ‘perfunctory. ; It is declared ‘woefully short, ; ‘laughable, ; a defense conducted by lawyers who are ‘willfully uninformed, ;" the chief justice wrote. "The facts establish otherwise: a seasoned defense team of respected practitioners, aided by a collection of experts and investigators, mounting a defense with the benefit of vast financial resources. Well beyond any notion of what the Sixth Amendment guarantees."

Stephenson also raised a variety of other claims involving ineffective assistance, that jurors were exposed to extraneous influences, new evidence undermines confidence in his convictions and sentence, and the state suppressed evidence material to his guilt or punishment The court denied those claims, including one about a juror being influenced by a crime novel he was reading.

One juror read murder mystery novels at breaks throughout the trial, and the court holds "these novels were completely unrelated to Stephenson ;s trial. We are given no basis to conclude that they would affect a juror ;s impartiality."
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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