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Saturday, January 26, 2008
Ind. Courts - Still more on "Revised law in play on Wilkes sentence"
Updating ILB entries from Jan. 25th and from Jan. 20th, Kate Braser of the Evansville Courier & Press reports today in a story headlined "Wilkes sentence sets up test case for 2002 death penalty change":
Vanderburgh Circuit Court Judge Carl Heldt's decision Friday to sentence convicted murderer Daniel Ray Wilkes to death marks the first time since Indiana law was changed in 2002 that a judge has had to determine the sentence in a capital murder case after a jury deadlocked over the penalty.The 2002 amendment required a judge to follow a jury's sentencing recommendation in the case. Before that, judges needed only to consider the jury's recommendation, but could enter a different penalty in a capital murder case.
Last month, 12 jurors seated to hear the trial in Clark County, Ind., convicted Wilkes of three counts of murder in the April 2006 slayings, but in the penalty phase of the trial were deadlocked 11-1 regarding Wilkes' sentence.
Defense attorneys have said the law in some other states requires a judge to sentence a defendant to life in prison without parole when a jury cannot reach a unanimous decision regarding the death penalty. But in Indiana laws require that if a jury cannot reach a unanimous verdict about the penalty in a capital murder case, the trial judge alone determine the sentence.
During and after Friday's sentencing hearing, defense attorneys said repeatedly that a death penalty ruling in the case could open the door to years of appeals, possibly leading all the way to the U.S. Supreme Court.
Addressing their assertions that any penalty other than a prison term would be unconstitutional, Heldt said the laws are clear.
"The law in Indiana clearly states the indecision of a jury cannot be considered by the court," Heldt said.
He set Wilkes' execution date for Jan. 25, 2009, but that will likely be delayed, as defendants issued the death penalty are guaranteed an automatic appeal.
After the sentencing, defense attorney Barbara Williams said Wilkes' case had exposed a "clear flaw in the statute."
"That portion of the statute has never been reviewed by the federal courts," she said. "This will be a huge appellate issue and could result in a U.S. Supreme Court case."
Posted by Marcia Oddi on January 26, 2008 08:18 AM
Posted to Ind. Trial Ct. Decisions