Lawyers, neighbors react to Pelley appeal decision

by Nora Gathings (hsgathings@wsbt.com)

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Robert Jeffrey Pellley

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

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.

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.

Monday, Apr 28 at 12:20 AM Some Guy wrote ...

Has anyone thought to do a pet-scan on his frontal lobe? If he's a sociopath it'll show up blue.

Friday, Apr 11 at 9:57 AM Sorry, I think he did it! wrote ...

First off, if there were any number of characters that could explain his 'innocence'they would have spelled out a "NOT GUILTY" a long time ago. Second, Mystery guest who claims to be a cousin, if there were anyone else being considerd as viable suspect we'd be hearing about it from the police, not you. There would be no reason for Jeff's sister to fear him since she was neither a step relative or authority figure over him, but if she ever has him over for dinner and he says'No brussell sprouts'.

Thursday, Apr 10 at 8:27 PM Anonymous wrote ...

Okay, "Outraged!" I am Jeff and Jacque's cousin. Also, Jacque lived with my family throughout high school after the murders were committed. She has never been afraid of him. They have always been close and it is ridiculous that you would even say that! How about some of you hold your comments until you know the whole story. By the way, there is a lead on who actually shot them. Get informed!

Thursday, Apr 10 at 7:09 PM Anonymous wrote ...

The fact of the matter is that all of you who think he is a cold blooded killer are miss informed and probably uneducated as well. The appeal is just a means to an end for him to get out and his name will probably never be cleared. I wouldn't want to wish a misunderstanding like this on any of you. I know for a fact that he didn't do because of reasons that can't be explained in a matter of 500 characters. God bless

Thursday, Apr 10 at 5:24 PM IndianaOutsider wrote ...

Could he be guilty? I suppose so, but I really think there are far more plausible explanations and motives. The cowboy investigation and dumb-luck prosecution made it impossible to ever really know. If the Supreme Court refuses to hear it, Jeff is free to go and can never be re-tried. It’s the very definition of poetic justice.

Thursday, Apr 10 at 3:11 PM Bill wrote ...

Mike, your comments are strictly a guess on your part. The FACT is he WAS convicted by a jury.

Thursday, Apr 10 at 9:15 AM Mike wrote ...

Bill, if the case would have been tried any where but St Joe county he woud have never been found guilty!!! Chris Tooth never had a case... It was all political and all he was trying to do was make a name for himself to get re-elected!!! There was never any hard evadance to prove the case, so there you have reasonable doubt!!! The people on the jury already had their minds made up before he was even tried!!!

Thursday, Apr 10 at 2:48 AM Bill wrote ...

Well, John, a jury disagreed with you. If you notice, the appeal was not granted for any factual errors, just a technicality on the speedy trial issue. He is a cold blood killer.

Wednesday, Apr 9 at 10:21 PM John wrote ...

I know Jeff and he did not do it...for those who think he did it you obviously are not too bright. If you looked at the logic of the prosecution in the case it never made sense and never will.

Wednesday, Apr 9 at 7:58 PM john wrote ...

while i do not know who did the crime.it all adds up that he did it and it is a shame justice is not done .

Wednesday, Apr 9 at 2:41 PM Know it to be true wrote ...

It's not hard to feel sorry for this guy. He had rage issues when he was a youngster that were magnified by becoming part of a blended family. It excuses nothing. He knows he did it and he knows a great deal of people know he did it. His life has never been anything but miserable and that won't change until he makes things right with God. This is not a religious notion, it's a fact that you can only dump certain garbage in certain places. You won't feel better until you take out the garbage Jeff

Wednesday, Apr 9 at 1:16 PM Anonymous wrote ...

What ever will be, will be!!! If he did it and I said IF he will be judged when it is his time he will pay for it.Another mistake by the Indiana Justice. I have always heard if you want to kill someone bring them to St. Joseph county and you will get out of it. Sure makes sense now. Let alone all the others that have gotten by. Scares me!!

Wednesday, Apr 9 at 1:06 PM OUTRAGED CONT.. wrote ...

their graves. How does a son look his father in the face and pull the trigger of a shot gun? They need to keep the monster locked up! He will strike again a leopard doesn't change his spots his new family beware if he does get out. I feel that Jeff should be locked up for the rest of his life and the when that is over he will meet his final judgment when he meets our maker and he will have to answer for what he has done. Then he will not have the slick lawyers there to find him loop holes.

Wednesday, Apr 9 at 1:04 PM OUTRAGED! wrote ...

Outrage is all I feel for the injustice that the Indiana Court of Appeals has done. What about Pastor Bob, Dawn, Janel & Jolene don't they deserve justice. Jeff is a jackal and Hyde that changed his personality when it suited him and his sister Jackie Delp knows it, she is just as afraid of him now as she was 19 years ago, she just won't admit it. She admitted once until Jeff threatened her. For Jackie to say that the family is rejoicing in Heaven that is just wrong. They are rolling over in

Wednesday, Apr 9 at 9:38 AM anonymous wrote ...

I think he did it, they never did find any one else He should not be let out of prison ever.

Wednesday, Apr 9 at 7:20 AM Anon wrote ...

Well, another murderer on the streets.

Wednesday, Apr 9 at 6:27 AM Michelle wrote ...

I am confused here, he is going to be set free due to a technicality? I wasn't living here at the time but I have been reading up on this case and in my opinion its a no brainer , he killed them and know he will be set free. Of course he cried he knows hes getting away with a crime. What a shame!!

Wednesday, Apr 9 at 6:10 AM namechanger wrote ...

I don't think he did it...could a young man kill his family members and then just go off to his normal events the next day without showing it? I don't think so.

Wednesday, Apr 9 at 4:46 AM just me wrote ...

Was his lawyer the same one who defended O.J? Who would hire him, and who would want to work next to him? Leave him sit in jail.

Wednesday, Apr 9 at 4:27 AM Not a Pelley victim...yet wrote ...

So what you folks that responded so far are saying is 'You'd be available to sit on a jury in case he's tried again!'. Fat chance, they have already determinded that he cannot be tried again, the only thing that will prevent his release would be the Indiana Supreme Court determining that there were special circumstances that caused the trail to take place over a year past the arrest;and they have already aknowledged there wasn't. So folks, chock up another one for that famous Indiana justice!

Wednesday, Apr 9 at 12:53 AM Anonymous wrote ...

Perhaps he can buy a house and pay taxes....

Tuesday, Apr 8 at 11:42 PM Lifelong Lakeville Resident wrote ...

Jeff killed them, it will be unfortunate if he gets out of prison. However, he will get his justice in the end when he answers to God.

Tuesday, Apr 8 at 11:09 PM Anonymous wrote ...

This is just outrageous! I can't believe a CONVICTED murderer could be set free ... he was tried and found guilty ... how can this happen???

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