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Tuesday, April 24, 2007

Ind. Decisions - Still more on: "New trial ordered for woman convicted in triple slaying"

The Indiana Court of Appeal's August 31st, 2006 decision in Charity L. Payne v. State of Indiana concluded (see ILB entry here):

Based on the foregoing, we find that (1) the trial court erred by admitting into evidence Payne’s statement which was obtained in violation of her Miranda rights; (2) the trial court erred by admitting into evidence Payne’s letter to her former boyfriend; and (3) the trial court erred by admitting into evidence a testimonial statement given by an unavailable co-defendant. Reversed and remanded for a new trial.
Find press coverage at the time in ILB entries here and here.

Today the South Bend Tribune has a long story by Jeff Parrott, headed "Lakeville Triple-murder defendant free: Plea agreement is approved after appellate court's reversals in Lakeville case." Some quotes:

St. Joseph Superior Judge William Means approved a plea agreement in which Payne admitted to committing Class B felony burglary, while prosecutors agreed to drop murder charges in connection with the September 2000 slayings of Wayne Shumaker, 58, Lynn Ganger, 54, and Corby Myers, 30, in Lakeville.

The Indiana Court of Appeals in August threw out three key pieces of evidence that a jury had considered in convicting Payne of murder.

"I know for the victims' families this has been a long and very painful ordeal," Means said. "You wonderful people should not be put through another trial."

Snickers could be heard from the victims' loved ones.

"I think Mrs. Payne has paid a price," the judge continued. "Reasonable minds can differ on (that) ... but this is something she's going to have to live with for the rest of her life."

Means also took a dig at the appeals court ruling that struck down his evidence admissibility rulings: "In all candor I have some thoughts about the conclusions the Court of Appeals reached, but I will not comment on them."

As the victims' relatives had chastised Payne in court, she had displayed little emotion. But as bailiffs led her from the courtroom, she began to cry.

"It's a little late for tears, a little late," Carol Hunsberger, Shumaker's ex-wife, said loudly to Payne as she was led out.

Once she was out in the courthouse rotunda, Payne began wailing loudly. She was later released from the county jail. She declined to speak with reporters.

After the hearing, Prosecutor Michael Dvorak said the victims' families agreed that a jury would never convict Payne of murder without the stricken evidence.

"The victims' families understand the legal argument we're making," said Dvorak, who inherited the case from the previous administration of Prosecutor Christopher Toth. "Because of the tragic loss they've suffered, they're not necessarily accepting what happened today, nor should they. But intellectually they understand it."

Don't count Arthur Sears in that group. Sears, on whose property the men were murdered, called Payne's plea agreement "a continuation of our disappointment in the judicial system in St. Joseph County, the state of Indiana and even America.

"I would hope the voters of our county, our state and our country will remember this the next time they vote."

Payne's plea agreement brings what should be an end to the 6-year-old case, which also saw triggerman Phillip Stroud receive a life term with no chance for parole; 275 years in prison for Tyrone Wade; 180 years for Korel Seabrooks; and 45 years for Ronald Carter. Carter turned state's evidence in a plea agreement and testified at the trials of the others.

A story from Mark Peterson of WNDU South Bend headed "Convicted Murderer Set Free" concludes:
A statement Payne had given police shortly after the crimes was thrown out by the Indiana Court of Appeals because of a mistake made by police.

Officers waited until seven hours into the questioning before they advised Payne of her rights.

By the time Payne returned to court today in shackles, it was arguably the prosecution that was handcuffed.

"All the evidence that supported the murder convictions has been thrown out by the Indiana court of appeals and the Indiana supreme court,” said St. Joseph County Prosecutor Michael Dvorak who offered the plea agreement on the burglary charge.

“At least we were able to get out of this a conviction for a felony,” Dvorak said.

Dvorak said that the family was “emotionally devastated,” and while they intellectually understand the Court of Appeals, Supreme Court decision, “they’re not happy with the result.”

Posted by Marcia Oddi on April 24, 2007 08:51 AM
Posted to Ind. App.Ct. Decisions