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Justices uphold Baer's death penalty

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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.
 

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  • 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.

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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