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Justices uphold murderer's convictions

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The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.

Desmond Turner and James Stewart were convicted of seven counts of murder, robbery and other charges related to the shooting deaths of seven family members on Hamilton Avenue in Indianapolis. Turner received life in prison without parole plus 88 years; Stewart received a term of 425 years, which was later revised to 421 on appeal. A footnote revealed that the justices also entered an order denying Stewart’s petition to transfer. At issue in the instant case are Turner’s convictions.

He challenged the testimony of Indianapolis Marion County Forensic Services Agency firearms and tool mark examiner Michael Putzek dealing with the discovery of  critical tool marks on certain items found at the crime scene and at where Turner stayed after the murders. He also challenged the admittance of other testimony, as well as claimed that his right to confrontation was denied.

In Desmond Turner v. State of Indiana, No. 49S00-0912-CR-565, the justices rejected Turner’s claims that Putzek’s opinion on the tool marks of certain items were made by a common tool was improper because it didn’t meet Indiana Evidence Rule 702(b)’s threshold for scientific reliability, and that inconsistencies in the examination process rendered the results of the process unreliable. They weren’t persuaded by Turner’s argument that because there was no known suspect firearm in the case, expert testimony identifying fired cartridge casings to unfired cartridges based on tool marks on the case sidewall is inadmissible.

The high court also found Turner wasn’t denied the right to confrontation. Although the trial court erred in allowing testimony that Turner’s mother alledgedly relayed a message from Turner to a female friend of his, that error does not require reversal. A reasonable fact finder could have found by a reasonable doubt that Turner either actually committed or participated as an accomplice in the crimes for which he was convicted, wrote Justice Robert Rucker.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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