UPDATE: Supreme Court hears arguments in Jeff Pelley case

by Leanne Tokars (ltokars@wsbt.com)

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Robert Jeffrey Pelley

Robert Jeffrey Pelley enters the St. Joseph County Courthouse in July 2006. (Tribune Photo/SANTIAGO FLORES)

By Beth Boehne

Story Created: Aug 14, 2008 at 10:00 AM EST

Story Updated: Aug 18, 2008 at 5:42 PM EST

INDIANAPOLIS — It's a decision that could free the man convicted of killing his own family. The Indiana Supreme Court is deciding whether to hear the case of Jeff Pelley.

A jury found Pelley guilty in 2006 of killing his father, stepmother and two stepsisters in their Lakeville home in 1989. He wasn't arrested until 13 years after the murders, and his trial started four years after that.

In April, the Indiana Court of Appeals overturned the convictions based on the time it took to bring Pelley to trial.

The Attorney General's office requested that the Indiana Supreme Court review the case.

Both sides made their arguments before the justices Thursday morning.

It all comes down to the legal battle over Pelley's counseling records — it was something that added years to his case. But it could now be what sets this convicted killer free.

Jeff Pelley wasn't in court Thursday; but his sister and wife listened quietly as both sides argued their case.

"The obvious answer is in the rule itself, and the rule says if Mr. Pelley did not cause the delay he should not be attributed with it,” explained Pelley’s attorney Stacy Uliana. “He didn't cause it."

After Pelley was arrested in 2002, the state and the Family and Children's Center fought over the release of his family's counseling records — a legal battle that in itself made it to the state's Supreme Court and added years to Pelley's case.

“It is a third party saying 'you are not entitled to these records’ and Jeff did nothing to participate in that — that was a fight between the state and a third party and he should not be held accountable for that,” Uliana said.

But the state says it's not about blame — it's simply time that shouldn't count.

"The interlocutory appeal is not something the state can control, the defendant did have an interest in the outcome and we're hopeful that the court will agree with those positions,” said attorney for the state Ellen Meilaender.

If the state's Supreme Court decides not to take this case, the decision by the Court of Appeals stands, and that means Pelley will walk away a free man.

There's no timetable on when the Indiana Supreme Court will make their decision whether to hear this case. Pelley is currently serving a 160-year sentence.

We’ll bring you their decision as soon as it happens.

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