ILNews

Justices uphold Baer's death penalty

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.

Fredrick Michael Baer was found guilty of murdering Cory Clark and her 4-year-old daughter in February 2004. At trial, Baer pled guilty but mentally ill and was examined by two court-appointed mental-health experts. The court rejected his plea because the reports by the experts didn’t sufficiently state he was mentally ill at the time of the crime.

Baer pled guilty but mentally ill with the intent that he wouldn’t be sentenced to death, believing those who are mentally ill at the time they commit the crime couldn’t be given the death penalty. He never claimed to be insane. The justices first upheld the sentence in May 2007.

In Fredrick Michael Baer v. State of Indiana, No. 48S00-0709-PD-362, the justices again upheld Baer’s sentence following the denial of his petition for post-conviction relief. Baer raised 103 allegations before the post-conviction court that dealt with prosecutorial misconduct, ineffective assistance of trial and appellate counsel, the rejection of his guilty but mentally ill plea, cruel and unusual punishment based on the state’s method of execution, and a challenge to his death sentence based on being mentally ill.

In the 37-page decision authored by Chief Justice Randall T. Shepard, the justices only touched on a few of Baer’s 103 contentions, noting that they did consider all of them. In regards to his trial counsel, Baer’s attorney was not ineffective regarding timely and comprehensive mental-health evaluations, in his attempt to plead guilty but mentally ill, failure to seek a continuance or conduct adequate jury selection, in his presentation of the guilty but mentally ill plea at the guilt phase, or in his cross examination of one of the doctors who examined Baer. The trial counsel wasn’t deficient by not objecting to the use of projected crime scene photographs on a large screen, by not objecting to certain jury instructions, or in presenting or investigating mitigating evidence.

The justices held his appellate counsel, Mark Maynard, wasn’t ineffective. Baer argued that Maynard inadequately challenged the appropriateness of Baer’s death sentence.

“As for whether Maynard should have tried to break new ground, the U.S. Supreme Court has never held that the U.S. Constitution precludes executing the mentally ill,” wrote the chief justice.” In fact, this Court has expressly held that the U.S. Constitution does not, and we have held, with one dissent, that the Indiana Constitution does permit the State to execute the mentally ill.”

They also found Maynard wasn’t ineffective for not challenging the trial court’s rejection of Baer’s guilty but mentally ill plea, not challenging the admission of Baer’s knife into evidence, not raising a Crawford claim, or in not challenging certain penalty-phase jury instructions.

The Supreme Court also held that testimony regarding Baer’s psychosis by Earl Taylor, a former fellow inmate of Baer’s from the 1990s, is not newly discovered evidence and that the Eighth Amendment doesn’t bar the application of the death penalty on grounds of retardation.
 

ADVERTISEMENT

  • Fredrick bear
    Sooner he excited the better it will be for everyone
  • How much longer?
    Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.
  • Baer: The Manipulating Con Goes On
    It's now early May 2014. Ten years since Baer forced his way into the home of a young mother and her child. Baer brutally and intentionally wrenched the lives out of two innocents, for no good reason. In the meantime, Baer continues his manipulation of the American Judiciary which, is allowing Baer his continued persistent torture of the innocent husband and father left behind. End this now. For everyones sake.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT