Lake County Superior Court
Judge James Clement
Prosecutor: Thomas W. Vanes
Defense: William Davis
Date of Murder: February 12, 1988
Victim(s): James Cromwell W/M/34; Walter Muvich W/M/35 (Employers of Benirschke)
Method of Murder: shooting with .22 rifle
Summary: Benirschke felt he was being shortchanged by his employers at J&W Janitorial. He walked into the office, shot Muvich 4 times, then shot Cromwell twice, then shot each in the head. He took Muvich's checkbook from his pocket. He later said he went there to shoot Muvich, but had to shoot Cromwell because he was a witness.
Trial: Information/PC for Murder filed (02-18-88); Amended Information for Death Penalty filed (02-29-88); Voir Dire (08-01-88); Jury Trial (08-02-88, 08-03-88, 08-04-88); Deliberations 3 hours, 45 minutes; Verdict (08-04-88); DP Trial (08-05-88); Deliberations 3 hours, 40 minutes; Verdict (08-05-88); Court Sentencing (08-31-88).
Conviction: Murder, Murder, Robbery (B Felony)
Sentencing: August 31, 1988 (Death Sentence, 10 years)
Aggravating Circumstances: b(1) Robbery; 2 murders
Mitigating Circumstances: no significant prior criminal history, a history of depression and antisocial personality, drug abuse, high school graduate, 3 year U.S. Marine Corps service in Germany
Direct Appeal:
Benirschke v. State, 577 N.E.2d 576 (Ind. September 4, 1991)
Conviction Affirmed 5-0 DP Affirmed 5-0
Krahulik Opinion; Shepard, Givan, Dickson, Debruler concur
Benirschke v. Indiana, 112 S. Ct. 3042 (1992) (Cert. denied)
PCR:
02-11-93 PCR Petition filed; Special Judge Richard J. Conroy
01-06-95 Pursuant to a Joint Motion to Dismiss PCR and Modify Sentence, Special Judge Richard J. Conroy sentences Benirschke to consecutive terms of 60 years (Murder), 60 years (Murder), and 20 years (Robbery), for a total sentence of 140 years imprisonment.
As of July 1, 2006