Attorney general asks state Supreme Court to review Pelley case

WSBT-TV, Tribune Staff Report

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Robert Jeffrey Pelley

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

By Beth Boehne

INDIANAPOLIS — The office of Attorney General Steve Carter has asked the Indiana Supreme Court review Jeffrey Pelley’s quadruple murder case.

An Indiana Court of Appeals recently overturned Pelley’s four murder convictions on the grounds that prosecutors took too long to bring Pelley to trial.

A delay in the case was the result of a legal battle between prosecutors and the Family and Children’s Center over access to records of the Pelley family before four members of that family were shot to death in their Lakeville home.

A petition filed Wednesday by the attorney general argues that prosecutors had no control over the delay, and that it should therefore not be interpreted as a violation of Criminal Rule 4 (C), which guarantees every defendant a speedy trial.

“So on behalf on the public, this a horrendous crime where people were killed. But it's important that we present the best case any time you take it to a jury or to the bench, that’s what was being done here," Attorney General Steve Carter told WSBT News by phone. "And if it can’t be done in this case, we’re concerned that other prosecutors will face the same restriction in the future. That will be bad for people throughout Indiana.”

Should the Indiana Supreme Court accept transfer of the case, it could take several months or more for it to return a decision. Should it decline the state’s petition, the appellate court’s decision would stand and Pelley would be freed.

Pelley, who was charged in 2002 with the 1989 murders of his parents and two of his siblings, is serving a 160-year sentence at the Indiana Department of Correction.

Friday, May 9 at 5:05 PM Justice Denied wrote ...

Larry, I am not going to waste my time listing all of the officers that you say had absolutely nothing to do with this case. It would just show that you are uninformed. Unless, someone forged all of their names to the police reports I would say that they are accurate. Yes, the ruling was on a technicality but again I say that it was just the first issue that we raised had we not won on that issue we would have won on another. I have considered all the facts even the ones you are not aware of

Friday, May 9 at 10:52 AM Neighbor and friend of the Pelley family wrote ...

Unless you sat on that jury and heard and saw the evidence, you can not judge whether there was reasonable doubt or not. I have faith in that jury. If Jeff goes free on a technicality, then there is something seriously wrong with Indiana's criminal justice system.

Friday, May 9 at 9:33 AM Larry wrote ...

No Justice it is the end of the debate. This appeal is based on a TECHNICALITY, not lack of evidence. Most family members believe their loved one is innocent. You are no different; however, a jury of 12 citizens heard the EVIDENCE and found him guilty of 4 counts of murder. Furthermore, the South Bend Police had absolutely nothing to do with this case it was investigated by the County Police. But considering the facts is obviously counterproductive to your agenda.

Thursday, May 8 at 5:23 PM Justice Denied wrote ...

Larry, It is not the end of debate. That is why we have the Court of Appeals. Rule 4(C) was just the first issue and since we won that issue there was no need to consider the rest of our appeal. Yeah, I am a family member. You should consider putting in your application at the South Bend Police Department, they could use someone with your intellect. If you know how to fingerprint, perhaps you could educate them and they might be able to solve a crime or two.

Thursday, May 8 at 5:10 PM Anonymous wrote ...

Is he in prison or not? I thought I saw coverage of pelley being taken away in street clothes after he had his verdict overturned by a technicality. If he's is still locked up, he should be and if he isn't, good luck getting him locked up again. Mr, Wesley, this little weasle has enjoyed almost twenty years of freedom since the crime was committed. He's lucky to have been handed an enormous sentance because the alternative is what he truly desrevs.

Thursday, May 8 at 4:44 PM South Bend wrote ...

If he is released, I pray he moves far, far away from my family. I do not want a murder to roam our city streets. I for one have faith in the JURY that convicted him.

Thursday, May 8 at 3:01 PM Larry wrote ...

A jury of 12 citizens heard the evidence and believed beyond a reasonable doubt he was guilty. End of debate. I am willing to bet, Justice, that you are a family member of Jeff's. A family member he did not kill. Just remember, if he is freed, not to deny him anything.

Thursday, May 8 at 2:54 PM insider wrote ...

He was still found guilty by a JURY!HMMMM.. He is guilty and everyone knows it...No justice for the victims!

Thursday, May 8 at 2:50 PM John Wesley wrote ...

The constitution quarantees a fast and speedy trial, this defendant did not get one, he deserves to have his constitutional right to freedom restored.

Thursday, May 8 at 2:05 PM Anonymous wrote ...

desperate people do desperate things. (attorney general)

Thursday, May 8 at 12:32 PM Justice Denied wrote ...

American, No . . . they would be letting an innocent man go free. If the police had done any investigating at all you would know that he was innocent as well.

Thursday, May 8 at 12:17 PM Mike wrote ...

So the words "rights to a speedy trial" should be taken out of a defendants rights and we should hold them in jail for 20-30 years before they go to trial!!! That might not be a bad idea.... Maybe there would be a little less crime that way.... JUST LET THE GUY GO.... THERE'S NO EVIDENCE TO PROVE HIS GUILT!!!

Thursday, May 8 at 12:11 PM American wrote ...

Even if the prosecutor's office knew about the records and could have avoided a delay, does that make it okay to let a murderer free?? I don't think so. He murdered people....took their lives from them in a painful horrific way. He should pay for that for the rest of HIS life.

Thursday, May 8 at 11:42 AM Justice Denied wrote ...

The prosecutor's office did have control over the delay. They knew before they filed charges that the records existed. They knew on May 1, 1989 that there were records and they never sought to retrieve them until after Jeff's arrest. Then after all the hoopla that they put us through they didn't even bother to use the records during trial because just as Judge Chamblee had told them, there was nothing in the records that would help their case.

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