Decatur County Circuit Court
Judge John
A. Westhafer
Venued from Dearborn County
Prosecutor: James D. Humphrey, Mike Miller
Defense: J. Richard Kiefer, Kevin P. McGoff
Date of Murder: October 9, 1986
Victim(s): Michelle Seagraves W/F/22 (No relationship to Kennedy)
Method of Murder: shooting .41 handgun; strangulation with a strap
Summary: Michelle Seagraves was kidnapped as she was getting into her car in an apartment complex parking lot in Columbus, Ohio. Witnesses identified Stuart Kennedy as driving Seagraves' Ford Grenada while holding a woman down in the seat. Other witnesses identified a Corvette following the Ford Grenada from Columbus to Moores Hill, Indiana. The license plate of the Corvette showed it registered to Jackson. On the same day, the Peoples National Bank in Moores Hill was robbed by 2 men matching the description of Jackson and Kennedy. The Ford Grenada was identified as the getaway car. Jackson was arrested at his home in Columbus, Ohio as he was getting into the Corvette. Officers recovered $5000 in cash, a .45 handgun, and a submachine gun from the car. Jackson gave a complete confession, directing Officers to the body of Seagraves. An autopsy showed she had been strangled with a strap still on her neck, and shot once in the back of the neck through her head. Jackson also directed Officers to the bloody clothing worn by Kennedy and Jackson discarded in a dumpster.
Trial: Information/PC for Murder filed (12-04-86); Change of Venue to Decatur County (04-06-87); Voir Dire (01-12-88, 01-13-88, 01-14-88, 01-15-88, 01-18-88, 01-19-88, 01-20-88, 01-21-88); Jury Trial (01-21-88, 01-22-88, 01-25-88, 01-26-88, 01-27-88, 01-28-88, 01-29-88, 02-01-88, 02-02-88, 02-03-88, 02-04-88, 02-05-88); Verdict (02-05-88); DP Trial (02-08-88, 02-09-88); Verdict (02-09-88); Court Sentencing (03-21-88); Resentencing After Remand (04-20-95).
Conviction: Murder, Felony-Murder, Kidnapping (A Felony), Robbery (C Felony)
Sentencing: March 21, 1988 (Death Sentence, 50 years, 8 years)
Aggravating Circumstances: b (1) Kidnapping, Robbery
Mitigating Circumstances: None
Direct Appeal:
Kennedy v. State, 578 N.E.2d 633 (Ind. September 19, 1991)
Conviction Affirmed 4-1; DP Vacated 4-1
(Judge findings overruling jury recommendation fails to meet Martinez test)
Krahulik
Opinion; Shepard, Dickson concur; Debruler dissents
against conviction; Givan dissents for DP.
Kennedy v. Indiana, 112 S.Ct. 1299 (1992) (Cert. denied).
Judge Overrides Jury Recommendation
against DP
Companion Case to Jackson
On Remand:
On 04-28-92 Decatur County Circuit Court Judge John A. Westhafer again sentenced Kennedy to death, again overriding the jury recommendation against death, without a hearing in compliance with Indiana Supreme Court Opinion setting aside death sentence and mandating a “new sentencing determination.”
Direct Appeal:
Kennedy v. State, 620 N.E.2d 17 (Ind. September 16, 1993)
DP Vacated 3-2 with instructions to
impose a term of years
(Findings overruling jury
recommendation again fails to meet Martinez test)
Krahulik Opinion; Debruler, Dickson concur; Givan,
Shepard dissent.
Judge Again Overrides Jury Recommendation against DP
Kennedy v. State, 644 N.E.2d 854 (Ind.
1994)
(Rehearing denied 3-2; Debruler, Dickson, Sullivan;
Shepard, Givan dissent to uphold death sentence)
On Remand:
On 04-20-95 Decatur County Circuit Court Judge John A. Westhafer resentenced Kennedy to 60 years imprisonment for Murder in compliance with Indiana Supreme Court Opinion setting aside death sentence and mandating a “new sentencing determination”; to run consecutively with 8 year sentence for Robbery (C Felony), and 50 year sentence for Kidnapping (A Felony), for a total sentence of 118 years imprisonment.
Kennedy v. State, 674 N.E.2d 966 (Ind.
1996)
(Direct appeal after resentencing and imposition of 118 years imprisonment- Affirmed)
As of July 1, 2006