Stakes high at Pelley hearing Save Email Print
Will murder convictions continue to hold up in court?
Posted: 5:52 PM Aug 14, 2008
Last Updated: 7:11 PM Aug 14, 2008
Reporter: Mark Peterson
Email Address: mpeterson@wndu.com

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Jeff Pelley has been tried and convicted of the so-called Lakeville murders, but will the case continue to hold up in court?

Members of the Indiana Supreme Court have the final say. Today five justices heard oral arguments on Pelley’s appeal.

Jeff Pelley was not in the courtroom.

Pelley is serving a 160-year prison sentence for the 1989 shotgun murders of four family members in their Lakeville home.

At trial, it was alleged that Pelley killed his father, step-mother, and two young step-sisters to avoid being grounded on prom night.

Today’s Indiana Supreme Court proceedings had nothing to do with the guilt or innocence of Jeff Pelley.

The discourse had nothing to do with the four murder victims.

Instead, today the focus was on five men in black robes: Indiana Supreme Court justices who have the power to wipe the slate clean with a single ruling.

“At stake is whether the defendant's four murder convictions remain intact or not,” said Indiana Deputy Attorney General Ellen Meilaender. “If the court rules in our favor those convictions will be reinstated, if the court of appeals decision stands, then the charges will have to be dismissed and he'll be free to go.”

If Jeff Pelley’s attorney can beat the clock—her client can beat the rap.

“By my calculations from the time of the arrest to the time of the trial of the defendant, it took about four years is that right?” questioned Justice Brent E. Dickson during the proceedings.

Today’s arguments were all about Jeff Pelley’s rights as a criminal defendant: Jeff Pelley’s rights to a speedy trial.

“The obvious answer is in the rule itself, the rule says if Jeff Pelley didn't cause the delay, he should not be attributed with it, and he did not cause it,” said Pelley defense attorney Stacy Uliana.

Meilaender countered that “the court has recognized that at times when a snowstorm prevents jurors from arriving at the courtroom, the judge has to be disqualified and there’s no judge to hear the case, those are situations where neither party took any act that resulted in the delay.”

Keeping the case together now hinges on putting the Pelley delay into the same “emergency” category.

In this case, the emergency was a pre-trial search for Pelley family counseling records.

“Jeff never hid this thing. This is not some secret counseling records, he told them the day after the murders ‘hey I did go to counseling with my parents. It was a normal counseling session,” said Uliana. “Nobody bothered to get them, get these records until the month of the trial.”

The Supreme Court’s decision could come quickly. The first thing the justices have to decide is whether or not they’ll accept the case.

If the answer is no, then Jeff Pelley is a free man.

If the answer is yes, the time consuming process of writing a decision would begin.

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Posted by: Tammy Location: Colorado on Sep 26, 2008 at 06:48 PM
Personally, I can't imagine this man ever doing anything like that. Jeff was my group leader at church, and he was the most considerate, helpful, caring person that I knew. I was in an abusive situation at the time, and he was the one to help me get out of it, and he was in total disagreement, and extremely protective of me in that situation. He had zero tolerance for my abusers behavior! Please set him free, The Lord has.

Posted by: T Location: South Bend on Aug 15, 2008 at 09:31 PM
I hope he's released. The court ruled but Dvorak doesn't like it. Tough Mr. Waste.

Posted by: Julie on Aug 15, 2008 at 05:48 PM
No one's ever going to know the truth until and if he ever confesses. However, I'm sure that we'll continue reading every single detail of anything that might take place concerning this case...forever.

Posted by: Harry Location: South Bend on Aug 15, 2008 at 02:43 PM
B - well said. You should write a book. Fred - did you GRADUATE from Manchester? I think that you may have missed a few english classes. Man up stairs? If you are referring to GOD, say so!

Posted by: Sensible Location: Mishawaka, IN on Aug 15, 2008 at 02:11 PM
Many are sitting back and saying "how wrong" this could turn out. This is our judicial system. It was written long ago, and sometimes, tragically a technicality can release even the guilty. This is the judicial system that we rely on. I possess a certain awww of the criminal justice system, even when things go wrong or perhaps not "our" way. Yet, I still understand that the criminal justice system is this amazing institution that is sometimes scrutinized for another branch of offices' errors or lack of judgements. It's not a perfect institution but it is what this country is based on. Perhaps the negative comments should be more aimed to the Supreme Court for actually authoring a new law in the Gore/Bush election that defined our country's fate. The Supreme Court Justices are far from perfect. Come on! They have really never sat back and thought about abortion as right or wrong? No perjury there? Scalito hears terrorists case when the Head of Homeland Security is his best friend?

Posted by: Mary on Aug 15, 2008 at 12:19 PM
Hey Anonymous - ever read the Holy Bible? There is a section in there - which if anyone has been seeing what society has been doing - they will see that the children are rising up against their parents - these words - not an exact quote - can be found in there as well as many others that can actually mirror the happenings of today in a modern sense. So, take note, and actually look at the modern news - kids are killing parents, fighting with their parents, disobeying their parents.........people need to wake up and get on the "right path"

Posted by: Anonymous on Aug 15, 2008 at 11:47 AM
I find it amazing how quick everyone is to say guilty over the Pelley Murders. I'm glad to know there are so many saints in Michiana. Maybe some of the saints should put their money where their mouth is and do something of value for the city.

Posted by: Heather Location: St Joesph MI on Aug 15, 2008 at 11:36 AM
I agree with Fred. The only person who knows the truth is the man upstairs.

Posted by: bj Location: plymouth on Aug 15, 2008 at 09:47 AM
All I can say if the answer is NO then he's gotten away with murder. Now you can see why people kill each other because they know they can get away with murder. Think something is definitely wrong with that picture. I have always believed he did it and it would have been terrible enough if he only killed his father & step-mother but to kill 2 innocent children is beyond anything possible..

Posted by: B. Location: Mishawaka on Aug 15, 2008 at 09:40 AM
Criminals like Jeff Pelley, at their very core, are gamblers. They gamble that they can succeed at pulling off a crime such as theft, robbery, rape or murder. If they pull off the crime, they gamble that they can avoid capture. If they're captured, they gamble that their lawyer can get them out of a conviction. And if they are convicted, they gamble that they get probation, a suspended sentence or perhaps only a light sentence. If they get "time" or the death penalty, they gamble that they can get the sentence dismissed or reduced through an appeal on real or imagined grounds. Convicted murderer Pelley is a gambler and our liberal privacy laws (and those who make them) that "protected his rights' by restricting disclosure of his counseling records are complicit in causing the delay that may serve as grounds for setting free the slaughterer of a preacher, two little girls and their mother. I hope the justices can see through the contrived gamble of the killer's appeal.

Posted by: Roxy on Aug 15, 2008 at 08:33 AM
How can his attorney sleep at nite knowing she is helping a murderer get off ?

Posted by: Anonymous on Aug 15, 2008 at 07:15 AM
There is a differenece between reasonable doubt and not guilty. I say not guilty because of the doubt. Most teens don't kill their parents because they can't go to prom activities. They sneak and lie about their whereabouts.

Posted by: Fred Location: Elkhart on Aug 14, 2008 at 06:39 PM
I went to Manchester College when Jeff Pelley was a Freshman there. He was a rather strange person, but I have a hard time we would do this type of crime. But then again, hey how can anyone do this type of crime. I guess the only person who knows the truth is the man up stairs.

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