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Justices uphold death sentence

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The Indiana Supreme Court has upheld the sentence for a man sentenced to die for the 2001 rape and murder of a 15-year-old girl in southern Indiana.

A unanimous 21-page decision came today in Roy Lee Ward v. State, No. 74S00-0707-DP-263, affirming a sentence imposed after the defendant's second trial held before Spencer Circuit Special Judge Robert Pigman.

Ward was convicted for the rape and murder of Stacy Payne in Spencer County in July 2001. He'd pretended to be searching for a lost dog, and convinced the teenager to let him inside her house where raped her on the kitchen floor and then fatally slashed her body and throat with a knife.

The first trial resulted in guilty verdicts for murder, rape, and criminal deviate conduct and a jury recommended the death penalty, but those convictions and the sentence were reversed in 2004 because of pre-trial publicity. On remand, the parties agreed to bring in a jury from Clay County with a special judge holding the trial in his Vanderburgh County courtroom. The defendant pleaded guilty to murder and rape charges and the jury and judge issued a death penalty again.

Ward appealed on arguments that the Indiana death penalty statute is unconstitutional, that the jury wasn't property selected, that evidence from a warrantless search and photo evidence shouldn't have been admitted, and that the death sentence wasn't appropriate.

But justices rejected all of Ward's appellate arguments, including the photo evidence claim on grounds that the photos were gruesome but relevant to the case. Ward's attorneys had also argued that the 120 prospective jurors should have been questioned individually, outside the presence of other potential jurors, so that no one's answers would be overheard or influence another. Attorneys said jurors were ultimately lumped into groups of 10 or 20 and questioned, and they prevented Ward from getting a fair second trial.

"A trial court has broad discretionary power to regulate the form and substance of voir dire," Justice Brent E. Dickson wrote for the court. "Individually sequestered voir dire is not mandated in any case under Indiana law, including capital cases, absent highly unusual or potentially damaging circumstances. ... The defendant has not established reversible error in the trial court's modification of the format for questioning potential jurors in this case."

Chief Justice Randall T. Shepard concurred in the decision to affirm, adding that he continues to believe that "there is less justification for appellate alteration of sentence than there was when judges (rather than juries) were the final deciders of sentence."

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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