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Woman loses bid for new trial, appeals

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Indiana Lawyer Rehearing

A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.

After months of review following a hearing in October, Decatur Circuit Judge John Westhafer issued a 47-page ruling earlier this summer that denied Kristine Bunch’s request for post-conviction relief. She was convicted in 1996 of arson and murder for setting the trailer-home fire the year before that resulted in the death of her 3-year-old son. She was sentenced to 60 years in prison.

In his June 8 decision, Judge Westhafer wrote that he didn’t feel the defense produced sufficient evidence to warrant a retrial. He noted that Bunch’s lawyers had not introduced or presented any new factual evidence or physical evidence discovered since the original 1996 trial, but rather only opinion evidence. One of his main reasons for denial was that the lawyers presented four experts about how a new trial would turn out, but those individuals cited the same “undetermined” cause as the defense’s original trial expert.

“While (Bunch) had new resources available to her at the post-conviction hearing, new experts do not create new evidence,” the judge wrote. “The issues raised and the conclusions reached – while packaged differently ­– remain basically the same as they were at trial in 1996.”

Judge Westhafer also discussed the investigation quality, existence of kerosene in the floor samples with ‘innocent’ explanations, and a potential electrical cause were all presented at the original trial and in subsequent appeals. He also referred to Bunch’s own trial comments that appear contradictory and create “a significant inference of guilt.”

Bunch’s legal team – Indianapolis attorney Hilary Bowe Ricks and the Center on Wrongful Convictions at Northwestern University School of Law – filed an appeal July 8 and briefs are being filed in the coming months. That appeal is Kristine Bunch v. State of Indiana, No. 16A05-1007-PC-00439.
 

Rehearing to "Aiming for exoneration" IL Sept. 2-15, 2009

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

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  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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