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Thread: Kevin Charles Isom - Indiana Death Row

  1. #51
    Administrator Moh's Avatar
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    Supreme Court likely to uphold Isom death sentence

    INDIANAPOLIS - The five justices of the Indiana Supreme Court reacted skeptically Thursday to claims that judicial and prosecutorial mistakes allegedly made during Kevin Isom's death-penalty trial rise to the level of fundamental error and warrant a new trial.

    Last year, a Lake County jury found Kevin Isom, now 48, guilty of three counts of murder for the 2007 shootings of his wife, Cassandra Isom, 40; and stepchildren, Michael Moore, 16, and C'Andria Cole, 13, in the family's Gary home.

    Lake Superior Judge Thomas Stefaniak Jr. condemned Isom to three consecutive death sentences, which the jury recommended. Isom's execution is on hold while his appeal is pending.

    Mark Bates, the Schererville attorney representing Isom, argued to the Supreme Court that Stefaniak erred during testimony in the penalty phase of the trial by not asking Erica Washington, Cassandra's sister, a question submitted by a juror about whether the family had forgiven Isom.

    "I suggest that is a powerful mitigator," Bates said, adding that the jury might not have unanimously approved the death penalty, and, instead, recommended life without parole or another sentence, if the victims' family had forgiven Isom.

    But Justice Steven David and Justice Robert Rucker, a Gary native, both noted that's a pretty big "if," since no one knows whether the family forgave Isom. The other justices appeared to agree.

    David also pointed out that the juror's question really can't be answered because no one person can speak for the victims' family; different people understand forgiveness differently, and even if the family forgave Isom they still might believe he deserves the death penalty.

    Bates then argued the prosecutor "crossed the line" during the penalty phase when he described the brutal nature of Isom's shootings, instead of limiting his remarks to proving Isom was death penalty-eligible.

    While David admitted that was unusually tough talk for a prosecutor, he believed it was a fair response to the defense's portrayal of Isom as a man who loved his family.

    In any case, David said he doubts the potential error was a fundamental error that made it impossible for Isom to receive a fair trial.

    Bates acknowledged the failure of Isom's trial defense counsel to object to either the judge's or prosecutor's actions -- thus waiving them for appellate review -- required him to try to meet the much higher standard of proving fundamental error.

    Nevertheless, Bates argued those two points, combined with six more in his written arguments to the court, require the justices to reduce Isom's sentence, or order a new trial.

    Deputy Attorney General Kelly Miklos told the justices the actions of the judge and prosecutor were proper throughout the trial.

    She said the potential errors Bates identified in no way rise to the level of fundamental error, and urged the court to respect the death sentence recommended by the jury.

    The Supreme Court likely will issue its ruling by the end of the year.

    http://www.nwitimes.com/news/local/l...a467f7126.html

  2. #52
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    Supreme Court upholds death sentence of Gary family killer

    INDIANAPOLIS (AP) — The Indiana Supreme Court has upheld the death sentence of a Gary man convicted of killing his wife and two teenage stepchildren.

    The court issued a unanimous ruling Wednesday in the case of Kevin Isom. Lake County jury convicted him of murder in the 2007 shooting deaths of his 40-year-old wife, Cassandra, and 16-year-old Michael Moore and 13-year-old Ci'Andria Cole in the family's Gary apartment.

    The judge gave Isom three death sentences, but the Supreme Court found the judge exceeded his statutory authority in ordering them to be served consecutively, or one after the other. It sent the case back to the trial court for a new sentencing order making that change.

    Isom is one of 13 men held on Indiana's death row. None is currently scheduled for execution.

    http://www.sfgate.com/news/crime/art...ry-6275831.php

  3. #53
    Senior Member CnCP Legend Mike's Avatar
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    Gary man sentenced to death begins post-conviction relief process

    CROWN POINT — A Gary man sentenced to death after being found guilty of killing his wife and two stepchildren has begun seeking post-conviction relief, according to court records.

    Attorneys for Kevin Isom, 50, recently filed in Lake Criminal Court a petition to seek post-conviction relief in the capital case.

    Acceptance of the petition was taken under advisement pending the filing of notarized affirmation of the documents, according to online court records.

    In the petition, Isom claims his attorneys did not effectively argue to exclude his statement to police, nor did they effectively present a plea agreement the state had offered that would have resulted in him being sentenced to life in prison without the possibility of parole.

    He also alleges the attorneys didn't argue effectively that he wasn't competent to stand trial, because he had no memory of the homicides.

    The petition argues that Isom's attorneys during the penalty phase of the trial didn't effectively present his social and mental history, didn't present a mental health expert and didn't object to comments made by the prosecutor.

    Isom was represented by private and later by public defense attorneys the nearly six years the case was pending in Lake County Criminal Court before the five-week trial started.

    Isom's current public defense attorneys note the petition is likely to be amended, because they are still reviewing the large volume of documents and evidence associated with the case.

    A Lake County jury in 2013 took two hours to find Isom guilty of killing Cassandra Isom, 40; Michael Moore, 16; and Andria Cole, 13, in their home in the 5700 block of Hemlock Avenue in Gary. Isom allegedly told officers after his arrest, "I can't believe I killed my family, this can't be real."

    The Indiana Supreme Court last year affirmed Isom's murder convictions and the jury's recommendation that he be sentenced to death.

    Post-conviction relief is one of three types of reviews that capital cases can be subject to, according to the Indiana Public Defender Council website. Capital cases can also be subject to a federal review to determine if a defendant's constitutional rights were violated.

    Isom is one of 13 men on Indiana's death row. Debra D. Brown, 53, was sentenced to death in 1986 by a Lake County jury, but she is currently being held in Ohio, according to the Indiana Department of Correction website.

    http://www.nwitimes.com/news/local/l...ccd5ec0fd.html
    "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

  4. #54
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    In today's United States Supreme Court orders, Isom's petition for writ of certiorari and motion for leave to proceed in forma paupers on direct appeal was DENIED.

    http://www.supremecourt.gov/orders/c...16zor_7lho.pdf

  5. #55
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Attorneys for death row inmate seek more time for appeal

    CROWN POINT, Ind. — Attorneys for a Gary man sentenced to death for killing his wife and two teenage stepchildren have asked a magistrate to give him more time to sign a document needed for the case to be reviewed.

    The attorney asked Lake County Magistrate Natalie Bokota for more time because 50-year-old Kevin Isom has repeatedly refused to sign the document, The (Munster) Times (http://bit.ly/1TuX78X) reports.

    The Indiana Supreme Court last year upheld Isom's conviction and sentence. In January, Isom's public defense attorneys filed a petition for post-conviction relief, arguing that Isom's trial attorneys didn't do a number of things including not presenting his social and mental history during the penalty phase of the trial.

    Bokota took the petition under advisement pending the filing of notarized documents. According to court records, Isom has refused to sign a document required for the petition to be reviewed, including twice refusing to sign it during hearings before Bogota.

    Bokota then determined that the time for Isom to file the petition expired in January. Earlier this month, she asked the Indiana Supreme Court to vacate the previously scheduled Nov. 28 hearing for the petition.

    Defense attorneys Joanne Green, Laura Volk and Anne Kaiser filed three motions asking Bokota to reconsider Isom's petition, arguing he is not making rational decisions. His attorneys argue Isom's behavior is consistent with how he has shut down during stressful situations in the past, including during his trial when he refused to attend a portion of the proceedings.

    The motion argues Isom's mental health issues date back to his time growing up in Chicago's public housing projects where he was exposed to trauma that causes people to "emotionally withdraw in order to survive."

    Bokota has given the attorneys for the state until June 3 to file a response.

    Isom was convicted of murder in the 2007 shooting deaths of his 40-year-old wife, Cassandra, and 16-year-old Michael Moore and 13-year-old Ci'Andria Cole in the family's Gary apartment.

    http://www.whio.com/ap/ap/indiana/at...me-for-/nrSQw/

  6. #56
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    Convicted killer closer to getting execution date

    A Gary man who was convicted of killing his family in 2007 is drawing closer to an execution date.

    In a recent ruling, a judge found that Kevin Isom's time to file the necessary paperwork for post-conviction relief had expired. Isom's attorneys in the Indiana Public Defender's office had filed a request for the judge to reconsider the May 2 ruling as to whether Isom's waiver of his post-conviction relief proceedings was knowing, intelligent and voluntary and also a separate motion to determine whether he is competent to waive post-conviction proceedings.

    In February 2013, Isom, 50, was convicted of three counts of murder in the Aug. 6, 2007, shooting deaths of his wife, Cassandra Isom, 40, and stepchildren Michael Moore, 16, and Ci'Andria Cole, 13. All three of his family members were shot multiple times at the family's apartment in the Miller section of Gary.

    A few weeks before the murders, Isom was fired from his job as a security guard. Days before the killings, Cassandra had talked about leaving Isom because she was paying all the bills. The couple was married 12 years and one day.

    http://www.chicagotribune.com/suburb...621-story.html
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  7. #57
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    whats taking so long for an execution date may I ask?

  8. #58
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    Justices consider PCR waiver in death penalty case

    After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.

    Now, the Indiana Supreme Court must decide if Isom’s refusal constitutes a waiver of his right to post-conviction review or if the signature-less petition can still be considered in substantial compliance with state laws given Isom’s indication that he wants to continue with the PCR process. In oral arguments before the justices Thursday in Kevin Charles Isom v. State of Indiana, 45S00-1508-PD-00508, Isom’s counsel questioned his competency to make a knowing, intelligent and voluntary waiver and suggested that her client may not have understood the implications of his repeated refusal.

    Ann Kaiser, a public defender who argued on behalf of Isom, told the court that her client has repeatedly said that he wants to seek post-conviction review, but will not cooperate unless he is given an attorney he has more confidence in. So far, Isom and the public defender’s office have not been able to resolve that issue.

    Justices in 2015 affirmed the death penalty for Isom, who was convicted of three counts of murder for the 2007 shooting deaths of wife, Cassandra, and his 13-year-old stepdaughter, Ci’Andria Cole, and 16-year-old stepson, Michael Moore in Gary. All three victims were shot multiple times at close range with various weapons.

    Because of his constant refusal to sign the verification form, the Lake Superior Court found that Isom had waived his right to post-conviction review, an order that prompted Isom to ask his counsel, “What just happened?” That question, Kaiser said, suggests that Isom did not knowingly, intelligently and voluntarily waive his PCR rights because he did not understand what he was doing.

    But Justice Robert Rucker expressed discomfort with that argument and instead suggested that Isom may be trying to “game the system” by refusing to cooperate unless he gets to make the rules. Kelly Loy, who argued on behalf of the state, echoed Rucker’s concerns, telling the court that Isom was trying to force them to change the law to accommodate his desires.

    But Kaiser contended that Isom is not competent to fully understand the implications of his actions.
    For example, at one court hearing, Kaiser said her client believed his counsel was trying to conspire against him by wearing the same color suit as the prosecutor. And when situations get stressful, Isom is known for locking himself away and refusing to interact with others, another sign that he is not mentally competent, she said.

    Justice Mark Massa echoed Rucker’s concerns and noted that it seemed as though Isom’s mind were calculating, not incompetent. Kaiser said Isom had not undergone a competency evaluation since 2008, so she had filed a petition for an evaluation to shed more light on the concerns the justices were raising.

    But Loy repeatedly contended that not only was Isom not incompetent throughout his PCR proceedings, he was clear that he did not want to proceed. Loy argued that Isom had verbally declined a judge’s invitation to provide his signature three different times.

    But Justice Steve David, along with Massa, repeatedly pushed Loy on one question – what would be the harm if Isom’s petition were found to be in substantial compliance, even without his signature?

    Loy repeatedly told the justices that the petition couldn’t be in substantial compliance because Isom had stated that he didn’t want to proceed. That answer didn’t satisfy the justices, who told Loy they wanted to know what the legal harm would be. Loy finally said that the law puts the decision with Isom to decide if he wants to proceed, and, according to her argument, he had repeatedly indicated that he did not want to do so.

    Even if the justices found the petition to be in substantial compliance, Loy argued that the case couldn’t go forward because of Isom’s indication that he would not sign. But if that were the case, then David said there could be no harm in holding the petition in substantial compliance.

    But Loy said if the rules were bent for Isom, then it could incentivize other felons facing death to abuse the PCR process for their own gain.

    http://www.theindianalawyer.com/just.../article/42510

  9. #59
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Man Facing Death In Slayings Of Wife, 2 Kids Loses Appeal

    CBS Chicago

    CROWN POINT, Ind. (AP) — A northwestern Indiana man sentenced to death for killing his wife and two teenage stepchildren has lost his latest attempt at an appeal.

    Lake County Judge Samuel Cappas and Magistrate Natalie Bokota determined in a ruling issued Friday that Kevin Isom of Gary failed to establish he had ineffective counsel at his murder trial or during the appeals process.

    The Indiana Supreme Court earlier upheld Isom’s conviction and sentence in the 2007 fatal shootings. He was convicted of murder and sentenced to death in 2013.

    His attorneys testified at an evidentiary hearing in March that Isom maintained his innocence and wanted a trial despite signing a written confession. They argued at trial that someone broke into the family’s apartment, killed Isom’s wife and stepchildren, and left him alive.

    http://chicago.cbslocal.com/2018/06/...triple-murder/
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  10. #60
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    Indiana Supreme Court to hear appeal of Gary man on death row for slaying his wife, two stepchildren

    The Indiana Supreme Court will today hear the appeal of a former Gary man who was sentenced to death in 2013 after a jury convicted him in the Aug. 6, 2007, slaughter of his wife and two teenage stepchildren.

    Lawyers for Kevin Isom, 53, claim his previous counsel was ineffective, and are asking the state to allow a new trial or, alternatively, a resentencing.

    Lawyers will present arguments today and be questioned by the five Supreme Court justices, but a decision likely will not be released until months from now, said Joel Schumm, an Indiana University law professor who focuses on criminal procedure.

    While justices’ questions may indicate where they see the most compelling points of appeal, Isom’s main argument boils down to, “my lawyers didn’t do certain things that they should have...and I wouldn’t have been convicted if they’d done certain things," Schumm said.

    Examples include not calling Dr. Gary Durak as a witness, who evaluated Isom twice in 2008, closer in time to when Isom was charged than other doctors who did testify and claimed that Isom had good family support and no history of psychiatric problems, according to an appeals brief.Durak had noted that Isom may be “on the schizophrenia spectrum,” according to court records.

    Isom is one of nine people on Indiana’s death row. Each death penalty case goes through a years-long -- often decades-long -- appeals process that includes both state and federal courts.

    After his conviction in 2013, Isom’s lawyers filed a direct appeal of the guilty verdict and death sentencing, which was denied.

    The next step, which Isom took, is to appeal for post-conviction relief. In post-conviction relief, “you can only raise things that were not part of the trial,” Schumm said. “Normally that is ineffective assistance of counsel," as in Isom’s case.

    In June 2018, Lake Superior Court denied Isom’s appeal for post-conviction relief.

    The current case going to the state’s highest court is Isom’s appeal of that denial, meaning lawyers’ arguments must be narrowed only to what happened at the post-conviction hearing and not what happened at the murder trial, according to Schumm.

    “You’re sort of getting down farther in the funnel where there’s fewer issues that (a defendant) can raise,” Schumm said.

    Public defenders assigned to represent Isom filed a brief in March detailing his post-conviction arguments. The documents state the counsel for Isom’s first appeal had a “constitutionally deficient performance,” and the post-conviction court erred in denying a request to determine whether Isom was still competent to proceed, among other issues.

    Isom was also denied his right to be tried by an impartial jury, as prospective jurors discussed Isom’s case during the original selection process even though they were instructed not to do so, according to the brief.

    Police found Isom’s wife and two teenage stepchildren shot in the family’s apartment in Gary’s Miller section in 2007. Isom was found sitting on the floor in a bedroom with blood on his clothes, court records show.

    urors in the trial heard a 911 call in which no one but the police radio operator spoke as three gunshots were heard on the open line. Crime scene photographs showed the hand of one of Isom’s stepchildren, who was 16 at the time, next to a phone that was off the hook, according to the Post-Tribune’s coverage of the trial.

    While admitting he killed them to police, Isom has claimed he does not remember what happened during the incident.

    Isom can appeal to federal court if the Indiana Supreme Court rejects his appeal.

    https://www.google.com/url?sa=t&rct=...YjN88tkbjFnoVg
    Last edited by Helen; 09-12-2019 at 06:37 AM. Reason: spacing

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