<< Racial Impact Statements for Crime Law Changes | Main | News Scan >>


News Scan

| 0 Comments
7th Circuit Overturns Death Sentence:   In a ruling announced on January 11, a unanimous panel of the 7th Circuit U.S. Court of Appeals overturned the death sentence of an Indiana man convicted of the 2004 murders of a young mother and her 4-year-old daughter.  The Associated Press reports that, unless overturned, the ruling will require a new sentencing hearing for Frederick Baer, who pled guilty to the murders, but claimed that he was mentally ill. On February 24, 2004, Baer saw 26-year-old Cory Gardener moving some boxes on her front porch.  Gardner was alone with her daughter, Jenna, while her husband was away looking for work.  Baer asked the woman if he could borrow a phone to call his boss.  When she went inside to get a phone, Baer followed and sexually assaulted her.  He then slit her throat.  Jenna saw the attack on her mother and ran to another room, where Baer slit the child's throat, stole her mother's purse, and left.  The 7th Circuit held that Baer's death sentence was unconstitutional because the jury instructions did not mention that Baer may have been under the influence of methamphetamine at the time of the murders.  The court also found misconduct by the prosecutor and ineffective assistance of counsel for failing to object.  The state Attorney General is asking for en banc reconsideration of the panel's ruling.

Leave a comment

Monthly Archives