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Thread: Fredrick Michael Baer - Indiana

  1. #21
    ganeshn2
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    So Baer has two more appeals to go. But something tells me, it is going to take at least two years, if not more for any execution in IN. In their last execution they used, Sodium Thiopental as a sedative, which either would have expired or out of stock. So, there has to be a new LI protocol, which will be contested, unfortunately. With pentobarbital hard to get by, they will stick to Midazolam.

  2. #22
    Moderator Ryan's Avatar
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    Ok, perhaps it maybe a couple of years! Baer who done one of the worst heinous crimes on Indiana's Death Row killing a mother and child, is really just sickening to the stomach. Even the other DR inmates knows that it is worse when involving a child in a double murder! Let's see how long it will play out before he would eventually receive an execution date. This would be big on X chat

  3. #23
    ProDP
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    As far as I have seen, the 7th Circuit is very good at quick decisions for most things. Hopefully, this will be denied in the 7th Circuit by the end of 2015. And IN now uses Brevital, a new drug.

  4. #24
    Administrator Moh's Avatar
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    On April 30, 2015, Baer filed an appeal before the US Court of Appeals for the Seventh Circuit.

    http://dockets.justia.com/docket/cir...ts/ca7/15-1933

  5. #25
    ProDP
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    Uh according to Wikipedia he has an execution date of July 12, 2017. No source.

  6. #26
    Senior Member CnCP Legend Mike's Avatar
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    He doesn't have a date that's just a random person posting a date for some reason.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #27
    Senior Member CnCP Legend CharlesMartel's Avatar
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    7th Circuit reverses death sentence for murderer Baer

    By Olivia Covington
    The Indiana Lawyer

    Despite the “atrocious” nature of a murderer’s crimes, the 7th Circuit Court of Appeals reversed his death sentence in a habeas petition, finding prosecutorial misconduct and misleading jury instructions likely influenced the jury’s decision to sentence him to death.

    Fredrick Baer approached Cory Clark on her front porch near Lapel and asked to use her phone. He then followed her into the home with the intent to rape her, but later cut her throat instead. He then inflicted the same fate on Clark’s 4-year old daughter, Jenna, before stealing money from Clark’s purse and leaving the apartment.

    Baer was eventually arrested and admitted to the crimes, and the trial proceeded on the issue of whether he was guilty but mentally ill, or just guilty. During voir dire, Madison County Prosecutor Rodney Cummings repeatedly stated the incorrect legal standard for a guilty but mentally ill conviction and incorrectly told prospective jurors that such a conviction might preclude a death sentence, the 7th Circuit found.

    Baer’s counsel failed to object to these statements, and the jury eventually found Baer guilty as charged.

    He was sentenced to death in Marion Superior Court, and the Indiana Supreme Court upheld that sentence on direct appeal. The court also upheld the denial of his petition for post-conviction relief in 2011.

    Baer then moved for habeas corpus in the Indiana Southern District Court, which denied the petition and also denied him a certificate of appealability. The 7th Circuit Court of Appeals, however, granted a certificate of appealability, and Baer brought three arguments before the court, two of which were addressed in a Thursday opinion reversing the denial of his petition for habeas corpus in Fredrick Michael Baer v. Ron Neal, 15-1933.

    Specifically, Baer argued his counsel was ineffective for failing to object to jury instructions that likely precluded the jury from considering mitigating evidence, and for failing to object to numerous instances of prosecutorial misconduct.

    During the sentencing phase of the trial, the jury was instructed to consider that Baer’s “capacity to appreciate the criminality of (his) conduct or to conform that conduct to the requirements of the law was substantially impaired as a result of mental disease or defect” as a mitigator. However, this instructor excluded the words “or intoxication” – germane here because Baer claimed he had been using methamphetamine on the day of the murders.

    Baer’s counsel failed to object to the modification of that instruction or to a “voluntary intoxication” instruction that allowed intoxication to be a defense if the intoxication was involuntary. Those failures constituted prejudicial ineffective assistance of counsel because “a reasonable juror could have understood the complete penalty phase jury instructions as foreclosing the evidence of voluntary intoxication from consideration…,” Judge Ann Claire Williams wrote in a 37-page opinion Thursday.

    Similarly, defense counsel’s failure to object to the prosecutor’s prejudicial comments at trial was prejudicially ineffective, Williams wrote. In addition to his incorrect statements during voir dire, Williams said the prosecutor also told prospective jurors that Clark’s family wanted Baer to be sentenced to death, and inserted his personal opinion and facts that were not in evidence into other portions of the trial.

    “Can we be certain that Baer would not have been sentence to death if given a fair trial and effective counsel? No,” the judge wrote. “But, it is ‘reasonably likely’ that without the prosecutor’s injection of impermissible statements and incorrect law the jurors would not have recommended death.”

    Thus, the Indiana Supreme Court unreasonably applied Strickland v. Washington, 466 U.S. 668 (1984), to Baer’s claims, Williams wrote, so the 7th Circuit reversed the denial of his district court habeas petition and remanded his case for further proceedings and resentencing.

    https://www.theindianalawyer.com/art...-murderer-baer

  8. #28
    Administrator Moh's Avatar
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    The Seventh Circuit panel was made up of Senior Judge Bauer (Ford) and Judges Flaum (Reagan) and Williams (Clinton).

    https://law.justia.com/cases/federal...018-01-11.html

  9. #29
    Administrator Helen's Avatar
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    Attorney General Curtis Hill wants death sentence for man who killed mother, 4-year-old daughter

    By Matt McKinney
    WRTV Indianapolis

    MADISON COUNTY, Ind. -- Indiana Attorney General Curtis Hill asked a U.S. court Tuesday to reinstate the death sentence for a man who killed a young mother and her 4-year-old daughter in 2004.


    In February 2004, Frederick Baer randomly selected Cory Clark, 26, after seeing her outside her home in Lapel, Indiana. He asked to use her phone to get inside of her house, then tried to rape her.


    After Clark's 4-year-old daughter saw Baer kill slit her mother's throat, he chased the child into her bedroom, then killed her. After killing the two people, he took money from Clark's purse, then drove to his job at a construction site. He explained his absence by saying he had gotten lost.


    Baer was convicted of murder, attempted rape and theft in 2004.


    He was initially sentenced to death, but a three-judge panel from the U.S. Seventh Circuit Court of Appeals ruled that he was entitled to a new penalty phase of his trial, meaning the case would go back to Madison Circuit Court for sentencing.


    "Unnecessarily retrying even the penalty phase of a capital case is an extraordinary burden on a State and its citizens," Hill wrote in the petition to the Seventh Circuit Court of Appeals.


    PREVIOUS COVERAGE:


    https://www.theindychannel.com/news/...r-old-daughter
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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  10. #30
    Administrator Heidi's Avatar
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    AG Curtis Hill asks U.S. Supreme Court to Ensure Justice for 4-year-old Girl and Mother in Brutally Slaining

    Attorney General Curtis Hill announced today he has asked the U.S. Supreme Court to reinstate the death sentence of Fredrick Baer, a man convicted of brutally slashing to death a 4-year-old girl and her young mother.

    "One of the most foundational functions of my office is to secure justice throughout the appeals process on behalf of crime victims," Attorney General Hill said. "This mission is particularly critical with brutal and vicious crimes such as Fredrick Baer's animalistic attack on an unsuspecting mother and her little girl. It would be a miscarriage of justice for the death sentence in this case to be overturned now, after Baer has been on death row for 13 years, and I'll do everything within my authority to prevent such an odious outcome."

    The details of Baer's crime are harrowing:

    On Feb. 25, 2004, after already contemplating raping another woman he randomly spotted, Baer saw a young woman named Cory Clark taking trash to the curb at her home near Lapel, Indiana. He stopped and parked his car.

    After Ms. Clark went back inside her home, Baer walked up to the woman's house and knocked on the door. The first person to answer was 4-year-old Jenna Clark; the girl's mother appeared moments thereafter. Baer asked if he could borrow a phone. Showing kindness to a stranger, Cory Clark offered him her phone and stepped back into her house, leaving Baer on the porch to presumably make a call.

    Baer - as he later recounted to a court-appointed psychologist - stood on the porch weighing whether to proceed with raping the woman. Then he walked into the home, where a startled Cory Clark began screaming. Baer pulled a knife, grabbed Ms. Clark by the head, ordered her to shut up and forced her into her bedroom.

    Wondering what was happening, little Jenna came down the hall looking for her mother. Baer blocked the closed door with his body and ordered Ms. Clark to tell her little girl to go away. Nonetheless, Jenna kept pushing against the door.

    Rather than continuing with his initial plan to rape Cory Clark, Baer instead forced her into a kneeling position and slit her throat. Jenna Clark then burst into the bedroom to the sight of her murdered mother's mutilated body.

    Screaming, the child ran toward her own bedroom, but Baer gave chase - catching the girl and slicing her throat, nearly decapitating her.

    After killing his victims, Baer took money from Cory Clark's purse, collected some decorative rocks as souvenirs from his exploits and drove to his job at a construction site. He told co-workers he was late because he had gotten lost. Then he handed another crew member some cash and asked the co-worker to go buy him hamburgers.

    After being convicted of murder, attempted rape and theft, Baer was sentenced to death. His convictions and sentence were twice affirmed by the Indiana Supreme Court, and a federal district court denied Baer's request for habeas corpus. Now, several years later, a three-judge panel from the U.S. Seventh Circuit Court of Appeals ruled that Baer was entitled to habeas relief in the form of a new penalty phase of his trial - effectively sending the case back to Madison Circuit Court for a redo of sentencing.

    Attorney General Hill sought to obtain an en banc rehearing of the matter - that is, the full court's review of the three-judge panel's ruling - but was rebuffed by the court. Taking this case to the U.S Supreme Court, Attorney General Hill noted that no one disputes Baer's guilt or the basic facts of his horrendous crime.

    The primary issue is a closing statement made by the prosecuting attorney, Attorney General Hill writes in the attached petition, that "Baer's rough upbringing did not diminish the enormity of his crime: the brutal murder of a young mother and her four-year-old daughter. The prosecutor made the point by informing the jury of his own tough childhood and observing that, although his mother was a prostitute who succumbed to a drug overdose, he still became a county prosecutor."

    The petition adds, "The Seventh Circuit seized on this remark and granted Baer habeas relief, concluding that Baer received constitutionally inadequate assistance . . . because his counsel did not allege prosecutorial misconduct or challenge certain jury instructions."

    In the attached petition, Attorney General Hill asks the U.S. Supreme Court to consider whether the Seventh Circuit violated the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned decision of the Indiana Supreme Court.

    See the attached petition click here

    http://www.wbiw.com/state/archive/20...rutally-sl.php
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