Morgan County Superior Court
Special
Judge Jeffrey V. Boles
Prosecutor: G. Thomas Gray, Stephen A. Oliver
Defense: Steven L. Harris
Date of Murder: 04-28-79
Victim(s): Terry Chasteen W/F/21 and her 3 children: Misty Zollers W/F/5; Stephen Chasteen W/M/4; Mark Chasteen W/M/2 (No relationship to Judy)
Method of Murder:
strangulation with strips of cloth (Terry Chasteen);
asphyxia due to drowning (children)
Summary: Hunters discovered Terry Chasteen's body in White Lick Creek, near State Road 67 and Mooresville in Morgan County. A police search of the creek led to the discovery of the bodies of 3 small children, aged 2, 4 and 5. Terry Chasteen was found naked, with her hands and feet bound with strips of material torn from her clothing, and her head covered with her slacks. She had been gagged and strangled with other strips of cloth. The evidence established that Terry Chasteen had been raped and that she died of strangulation, while the children died of asphyxia due to drowning. At trial, Judy presented an insanity defense and testified at length concerning his commission of the rape and murders. Judy stated that he was driving on Interstate 465 in Marion County when he passed Terry Chasteen's car. He testified that he motioned for her to pull over to the shoulder of the road, indicating that something was wrong with the rear of her car. The two vehicles pulled to the shoulder and stopped, and Judy purported to assist the victims. In the process, he removed the coil wire, thereby rendering Terry Chasteen's car inoperable. When her car would not start, Judy offered her and the children a ride, and she accepted. Judy then drove the victims to the location of the killings and pulled his truck off the road. He testified that he directed them on foot toward the creek, and that he sent the children down the path ahead of Terry and him. Judy testified that he then raped Terry Chasteen and bound her hands and feet and gagged her. When Terry cried out, the children ran back up the path to them. Judy stated that the children stood around him and yelled. At that point, he strangled Terry Chasteen and threw her body into the creek. Judy testified that he then threw each of the children as far as he could into the water. He stated that he remembered seeing one of the children standing in the creek. Judy returned to his truck after attempting to eradicate his footprints. He then drove away from the scene. Judy's version of the events very substantially corroborated the evidence presented by the State. At the death phase of the trial, Judy ordered his attorneys not to present any evidence of mitigating circumstances. Judy stated to the jury in open court at the sentencing hearing that he would advise them to give him the death sentence, because he had no doubt that he would kill again if he had an opportunity, and some of the people he might kill in the future might be members of the jury. He also directed a similar comment to the trial judge. (insanity defense)
Trial:
Information for Murder filed (05-01-79); Probable Cause Hearing (05-03-79); Competency Hearing (07-09-79); Amended “Indictment” (01-07-80); Voir Dire/Jury Trial (01-07-80, 01-08-80, 01-09-80, 01-10-80, 01-11-80, 01-12-80, 01-14-80, 01-15-80, 01-16-80, 01-17-80, 01-18-80, 01-19-80, 01-21-80, 01-22-80, 01-23-80, 01-24-80, 01-25-80, 01-28-80, 01-29-80, 01-30-80, 01-31-80, 02-01-80, 02-02-80); Verdict (02-02-80); DP Sentencing Hearing (02-02-80); Verdict (02-02-80); Court Sentencing (02-25-80).
Conviction: Murder (Misty), Murder (Stephen), Murder (Mark), Felony-Murder (Terry)
Sentencing: February 25,
1980 (Death Sentence)
Aggravating Circumstances: b (1) Rape, 4 murders
Mitigating Circumstances:
None
Direct Appeal:
Judy v. State, 416 N.E.2d 95 (Ind. January 30, 1981)
Conviction Affirmed 5-0 DP Affirmed 4-1
Pivarnik Opinion; Givan, Hunter, Prentice concur; Debruler dissents.
JUDY WAIVED ALL APPEALS AND WAS EXECUTED BY ELECTRIC CHAIR ON 03-09-81. HE WAS THE 71ST CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900, AND 1ST SINCE THE DEATH PENALTY WAS REINSTATED IN 1977.
As of July 1, 2006