Lawyers, neighbors react to Pelley appeal decision

by Nora Gathings (hsgathings@wsbt.com)

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Robert Jeffrey Pellley enters the St. Joseph County Courthouse in July 2006. He was convicted on all four counts of murder. (Tribune Photo/SANTIAGO FLORES)

By Jim Pinkerton

Story Created: Apr 8, 2008 at 8:40 PM EST

Story Updated: Apr 14, 2008 at 3:34 PM EST

LAKEVILLE — A man serving time in prison for killing his family may be set free. The Indiana Court of Appeals overturned Jeff Pelley's murder conviction Tuesday. He was sentenced to 160 years in prison for killing his family inside their Lakeville home.

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Many people remember that day 19 years ago when the minister of the Olive Branch Church and his family were found dead inside their home. They say some things haven't changed since then, including the desire to find out who did it, so the family and community can rest in peace.

In 1989, Minister Robert Pelley, his wife, and her two daughters were murdered inside their Lakeville home. It thrust a small town into the national spotlight.

"People around the country have heard about this, the little town of Lakeville," said Irish Saunders, Pelley's neighbor.

After 13 years of waiting, Pelley's son Jeff was charged in 2002 for the murder, but a family counseling center caused trial delays until 2006, four years after he was charged.

"That was unusual because here was a third party, and there was not a great deal of case law," said Andre Gammage, the attorney who represented Pelley in 2006.

Most cases that are overturned because of delays involve inaction by prosecutors, so the trial continued and Pelley was found guilty.

"I thought it was going to be done. Case closed," said Saunders.

But Tuesday, Pelley learned the Indiana Court of Appeals overturned the murder conviction because that delay violated state law.

"He was quiet and cried. It's overwhelming to hear someone agrees, and you shouldn't be in prison," said Stacy Uliana, Pelley's attorney who filed the motion to dismiss the case.

Pelley's sister, Jacque Delp, said in a statement to WSBT News, "there is not much to say other than "Praise the Lord." He is faithful even when our judicial system failed. There is great joy in our households today, and I know that my family is in heaven rejoicing with us. We look forward to putting this behind us."

The St. Joseph County prosecutor's office didn't comment, saying the appeal is handled by the Attorney General's office.

Many people in Lakeville say with the conviction overturned, they may never know for sure who killed the Pelley family.

"You wonder who did it, but someday they have to answer to the man upstairs. That's when justice will finally be done," said Saunders.

Pelley's attorneys say they're optimistic about the outcome.

The Indiana Supreme Court has 30 days to review the case. The court can decide to uphold the appeals court decision or order a new trial in the case.

If the decision is upheld, Pelley's attorney says he will be released from prison and can't be re-tried.

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