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Sunday, August 27, 2006

Ind. Decisions - "Appeals Court strikes down some convictions in child's death"

An AP story published Saturday in the Fort Wayne News Sentinel reports:

CROWN POINT, Ind. - The Indiana Court of Appeals has overturned the most serious felony convictions against a Crown Point couple serving 11-year prison sentences for causing the 2003 death of their infant daughter.

The separate, concurrent decisions by the court mean that Andrew and Kelly Stacy could be free in as little as a year. Prosecutors said the couple kept their home so filthy that it endangered the health of their children, including 4-month-old Katie Stacy, who was found dead among a pile of dirty clothes and blankets.

After a jury conviction a year ago, Lake Criminal Court Judge Clarence Murray sentenced Andrew and Kelly Stacy each on a B felony count of neglect of a dependent in the death of the child and three D felony neglect counts for Katie's three older siblings, who suffered from lice, malnutrition and other sicknesses.

Attorneys for the couple appealed the more serious felony conviction, saying there was not enough evidence that the couple knew their actions could result in Katie's death.

"We believe they (prosecutors) didn't prove (the Stacys) had the requisite knowledge of endangering the infant," said Marce Gonzalez, who represented Kelly Stacy.

The Lake County Prosecutor's office will review the ruling for a possible appeal to the Indiana Supreme Court, said chief deputy Barbara McConnell.

The opinions involved are Kelly L. Stacy v. State of Indiana (NFP) and Andrew Stacy v. State of Indiana (NFP), both issued Friday by the Court of Appeals.

Although both opinions are designated Not-for-Publication, they are now readily available online (although not citeable) due to the Court's change in policy announced and put into operation last week. For more on the change, start with this ILB entry from Aug. 23.

Posted by Marcia Oddi on August 27, 2006 09:12 AM
Posted to Ind. App.Ct. Decisions