Judge Patricia Gifford
Prosecutor: Scott C. Newman, Barbara Trathen, Stephanie Schankerman
Defense: Jack Crawford, Carolyn W. Rader, Kimberly Devane
Date of Murder: 07-22-96
Victim(s): Hannah Clay (B/F/14) (wife's daughter), Celeste Jones
(B/F/7), Lawrence Cowherd (B/M/2) (wife's grandchildren)
Method of Murder: Jones & Cowherd (beaten and strangled) Clay (beaten
with pry bar, strangled, and stabbed)
Summary: Dye was married to Myrna Dye, who was the mother of 14 year old Hannah Clay. Following marital arguments, Myrna and Hannah moved out of the marital home. One week later while Myrna was at work, Hannah was babysitting at their new residence for her 7 year old niece (Celeste Jones) and her 2 year old nephew (Lawrence Cowherd). Dye went to the residence and brutally assaulted the children in revenge for Myrna leaving him. He had a history of violence against Myrna and had threatened Hannah. Hannah was found beaten to death with a pry bar, strangled and stabbed. The bodies of the two young children were found beaten and strangled, stuffed into garbage bags in a nearby alley.
Trial: Information/PC for Murder filed (08-06-96); Amended Information for DP filed (08-22-96); Voir Dire (09-02-97, 09-03-97; 09-04-97); Jury Trial (09-05-97, 09-06-97; 09-07-97, 09-08-97, 09-09-97; 09-10-97, 09-11-97, 09-12-97; 09-13-97, 09-15-97, 09-16-97; 09-17-97); Verdict (09-17-97); DP Trial (09-18-97); Verdict (09-18-97); Court Sentencing (01-20-98).
Conviction: Murder (3 counts)
Sentencing: January 20, 1998 (Death Sentence on murder of Celeste Jones; other murder convictions merged.)
Aggravating Circumstances: 3 murders
Mitigating Circumstances: Innocence
Direct Appeal:
Dye v. State, 717 N.E.2d 5 (Ind. September 30, 1999)
Conviction Affirmed 5-0; DP Affirmed 5-0
Boehm Opinion; Shepard, Dickson, Selby, Sullivan concur.
Dye v. Indiana, 121 S.Ct. 379 (2000) (Cert. denied).
PCR:
PCR Petition filed 09-15-00.
06-29-01 granted as to convictions and sentence by Marion Superior Court Judge Patricia J. Gifford on grounds that juror failed to disclose information critical to defense.
State v. Dye, 784 N.E.2d 469 (Ind. March 6, 2003).
(State’s appeal of granting of PCR - Affirmed)
Conviction Reversed 5-0; DP Vacated 5-0
Dickson Opinion; Shepard, Boehm, Sullivan, Rucker concur.
On Remand:
On November 8, 2004, pursuant to a Plea Agreement, Dye pled guilty to Murder (3 Counts) and was sentenced to Life Without Parole.
As of July 1, 2006