A northern Indiana prosecutor plans to retry a man in a triple-slaying case now that the U.S. Supreme Court has opted not to hear the state’s appeal of a ruling that threw out his second conviction and death sentence.
Jessica McBrier, the St. Joseph County prosecutor’s spokeswoman, said authorities don’t know when Wayne Kubsch will face his third trial for the 1998 slayings of his wife, Beth Kubsch, her ex-husband, Rick Milewski, and their 10-year-old son, Aaron Milewski, in Mishawaka.
The high court on Monday left in place a federal appeals court ruling from September that said jurors should have heard evidence that one of the victims was seen alive after the time prosecutors allege Kubsch committed the killings.
Attorney Alan Freedman, who helped handle Wayne Kubsch’s appeal, said admitting that evidence means his client will have a chance for a fair trial.
Kubsch was first convicted in 2000, and was convicted again after a second trial in 2005.