Post by CCADP on Aug 29, 2005 13:51:02 GMT -5
Governor spares life of convicted killer
Gov. Mitch Daniels today commuted the sentence of convicted killer Arthur
P. Baird II to life without the possibility of parole.
Baird was just hours away from eating his last meal in the Indiana State
Prison at Michigan City when his attorney, Sarah L. Nagy, received the
word.
Baird was scheduled to be executed by lethal injection early Wednesday for
killing his parents in 1985.
"The case of Arthur Baird would justify the death penalty based upon the
nature of his crimes, the unchallenged certainty that he committed them,
and the care and completeness of the legal process in imposing that
sentence and in consistently upholding it over the years since those
crimes occurred," Daniels said in a written clemency statement issued
shortly after noon.
"Nonetheless, given certain unusual, probably unique circumstances in this
case, a different outcome seems more just."
Bairds lawyers had argued he is mentally ill and, as a result, should not
be put to death, a claim they are pursuing in an appeal before the U.S.
Supreme Court and a plea for clemency before Daniels.
After a 3-1 vote last week in which the Parole Board recommended against
clemency, the Indiana Supreme Court voted 3-2 to let the execution
proceed.
Baird was to be executed in the State Prison at Michigan City for the
Sept. 6, 1985, stabbing deaths of his parents, Kathryn and Arthur Baird.
He also was sentenced to 60 years in prison for strangling his pregnant
wife, Nadine, and eight more years for killing his unborn child the day
before his parents' slayings.
Daniels noted that life in prison was not an option for jurors in
Montgomery County to consider when Baird was sentenced to death, however
the option is available to jurors as an alternative in capital punishment
cases now.
"The unanimous sentiment expressed by family members at the time of the
trial and years later demonstrates that they believed life without parole
was the most appropriate penalty for Mr. Baird," Daniels stated. "All
members of the jury whose views are known also indicate that, had life
without parole been an alternative available to them, they would have
imposed it instead of the death penalty."
Daniels also noted that Baird rejected a term of years that essentially
would have kept him in prison for life because of his severe mental
illness and detachment from reality.
"Courts recognized Mr. Baird as suffering from mental illness at the time
he committed the murders, and Indiana Supreme Court Justice Ted Boehm
recently wrote that Mr. Baird is 'insane in the ordinary sense of the
word.' It is difficult to find reasons not to agree." Daniels stated.
"However, I reached todays decision without substituting my judgment for
others on the ambiguous issue of Mr. Baird's degree of insanity. To me, it
suffices to note that, had the sentence of life without parole been
available in 1987, the jury and the State would have imposed it with the
support of the victims families."
Nagy praised Daniels' decision and said she would inform Baird that his
life has been spared today in a phone call.
"That is my man Mitch," Nagy exclaimed, adding: "We want to thank the
governor for showing mercy concerning Mr. Baird's mental health issues."
(source: Indianapolis Star)
Gov. Mitch Daniels today commuted the sentence of convicted killer Arthur
P. Baird II to life without the possibility of parole.
Baird was just hours away from eating his last meal in the Indiana State
Prison at Michigan City when his attorney, Sarah L. Nagy, received the
word.
Baird was scheduled to be executed by lethal injection early Wednesday for
killing his parents in 1985.
"The case of Arthur Baird would justify the death penalty based upon the
nature of his crimes, the unchallenged certainty that he committed them,
and the care and completeness of the legal process in imposing that
sentence and in consistently upholding it over the years since those
crimes occurred," Daniels said in a written clemency statement issued
shortly after noon.
"Nonetheless, given certain unusual, probably unique circumstances in this
case, a different outcome seems more just."
Bairds lawyers had argued he is mentally ill and, as a result, should not
be put to death, a claim they are pursuing in an appeal before the U.S.
Supreme Court and a plea for clemency before Daniels.
After a 3-1 vote last week in which the Parole Board recommended against
clemency, the Indiana Supreme Court voted 3-2 to let the execution
proceed.
Baird was to be executed in the State Prison at Michigan City for the
Sept. 6, 1985, stabbing deaths of his parents, Kathryn and Arthur Baird.
He also was sentenced to 60 years in prison for strangling his pregnant
wife, Nadine, and eight more years for killing his unborn child the day
before his parents' slayings.
Daniels noted that life in prison was not an option for jurors in
Montgomery County to consider when Baird was sentenced to death, however
the option is available to jurors as an alternative in capital punishment
cases now.
"The unanimous sentiment expressed by family members at the time of the
trial and years later demonstrates that they believed life without parole
was the most appropriate penalty for Mr. Baird," Daniels stated. "All
members of the jury whose views are known also indicate that, had life
without parole been an alternative available to them, they would have
imposed it instead of the death penalty."
Daniels also noted that Baird rejected a term of years that essentially
would have kept him in prison for life because of his severe mental
illness and detachment from reality.
"Courts recognized Mr. Baird as suffering from mental illness at the time
he committed the murders, and Indiana Supreme Court Justice Ted Boehm
recently wrote that Mr. Baird is 'insane in the ordinary sense of the
word.' It is difficult to find reasons not to agree." Daniels stated.
"However, I reached todays decision without substituting my judgment for
others on the ambiguous issue of Mr. Baird's degree of insanity. To me, it
suffices to note that, had the sentence of life without parole been
available in 1987, the jury and the State would have imposed it with the
support of the victims families."
Nagy praised Daniels' decision and said she would inform Baird that his
life has been spared today in a phone call.
"That is my man Mitch," Nagy exclaimed, adding: "We want to thank the
governor for showing mercy concerning Mr. Baird's mental health issues."
(source: Indianapolis Star)
