Posey County Circuit Court
Judge James M.
Redwine
Prosecutor: Kimberley Kelley Mohr, Trent Van Haaften
Defense: Ronald Warrum, Thomas M. Swain
Date of Murder: January 17, 1989
Victim(s):
Stacey Forsee
W/F/20 (Acquaintance from church)
Tia Forsee W/F/3 and Jordan Hanmore, W/M/21mo (Children of Stacey)
Method of Murder: stabbing with knife (Stacey); fire burns (Tia);smoke inhalation (Jordan)
Summary: Harrison met Stacey Forsee at church. An arson fire burned down the Forsee home containing the bodies of Stacey and her 2 children, Tia Forsee and Jordan Hanmore. Stacey had been stabbed to death and semen was found in her mouth. Evidence at trial showed that Harrison often carried a hunting knife and was seen near the fire scene before fire trucks arrived; that the fire was started by a flammable liquid and Harrison had purchased kerosene several days before the murders; and that Harrison confessed to a fellow jail inmate. Charges were not filed until 2 years after the fire. Harrison was arrested and returned from Maryland.
Trial:Information/PC for Murder and DP filed (04-18-91); Amended Information filed (06-12-91, 10-04-91); Voir Dire (11-06-91); Jury Trial (11-06-91; 11-07-91, 11-08-91, 11-09-91; 11-11-91, 11-12-91): Deliberations over 3 days; Verdict (11-14-91); Habitual Sentencing Hearing (11-14-91); DP Trial (11-15-91); Verdict (11-15-91); Court Sentencing (12-14-91).
Conviction: Knowing Murder of Tia, Felony-Murder of Jordan, Arson, Habitual Offender; Found Not Guilty of the Murder of Stacey
Sentencing: December 14, 1991 Death Sentence (Tia); Death Sentence (Jordan)
Aggravating Circumstances: b(12) 2 victims less than 12 years old; b (1) Arson (Jordan); b(7) 1973 Murder Conviction
Mitigating Circumstances: wounded in Vietnam, suffered emotional, physical and sexual abuse as a child, 56 years old after remand, evidence not overwhelming
Direct Appeal:
Harrison v. State, 644 N.E.2d 1243 (Ind. January 4, 1995)
Conviction Affirmed 5-0; DP Remanded for more specific Sentencing Order 5-0
Sullivan Opinion; Shepard, Debruler, Givan, Dickson concur.
Harrison v. State, 659 N.E.2d 480 (Ind.
1995)
(Appeal after remand and more specific sentencing order entered)
DP Affirmed 5-0. Sullivan Opinion; Shepard, Debruler, Givan, Dickson concur.
Harrison v. Indiana, 117 S. Ct. 307
(1996) (Cert. denied)
PCR:
PCR petition filed 10-01-96. PCR denied on 06-02-97 by Judge James M. Redwine.
Harrison v. State, 707 N.E.2d 767 (Ind. 1999) (Appeal of PCR denial by Judge
James M. Redwine)
Affirmed 5-0. Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Habeas:
Petition for Writ of Habeas Corpus filed 02-17-00 in U.S. District Court, Southern District of Indiana.
Habeas Writ granted as to conviction and sentence on 01-22-04 by U.S. District Court Judge Sarah Evans Barker.
Harrison v. Anderson, 300 F.Supp.2d 690 (S. D. Ind. January 22, 2004).
(Habeas granted as to conviction and death sentence by U.S. District Court for the Southern District of Indiana, Judge Sarah Evans Barker. Actual bias by Trial Judge Redwine was established, and different judge should have been named. “The State of Indiana shall set a new trial date within sixty (60) days of the date of this Entry at which time the State can retry its case against Harrison before an impartial judge.”)
Harrison v. McBride, 428 F.3d 652 (7th Cir. October 27, 2005) (04-1398)
(State’s Appeal of granting Petition for Writ of Habeas Corpus)
Affirmed 3-0. Opinion by Circuit Judge Kenneth F. Ripple.
Judge Anne Claire Williams and Judge Joel M. Flaum concur.
PENDING RETRIAL FOR MURDER IN POSEY COUNTY CIRCUIT COURT.
SPECIAL JUDGE CARL A. HELDT. SET FOR STATUS HEARING 09-06-06.
As of July 1, 2006