DOB: 10-31-67 DOC: #108000 White Male
St. Joseph County Superior Court
Judge Jerome Frese
Defense: James Korpal, Neil Wiseman
Date of Murder: September 18, 1998
Victim(s):
Beth Kubsch W/F 31 (wife)
Rick Milewski W/M/35 (Beth's ex-husband)
Aaron Milewski W/M/10 (Son of Beth and Rick)
Method of Murder: Stabbing, Shooting with a handgun
Summary: September 18, 1998 was the 31st birthday of the defendant’s wife Elizabeth Kubsch. It was also the day she was found dead by her 13 year old son under the stairs in the basement of the home she shared with the defendant. She had been stabbed numerous times, and was hogtied with duct tape. Also discovered in the basement were the bodies of Elizabeth’s former husband, Rick Milewski, and their 10 year old son from that marraige, Aaron Milewski. Aaron had been stabbed 21 times and shot once in the mouth. Rick had been stabbed in the heart and shot twice in the head. Kubsch claimed to have worked all day, then went straight to pick up his other son in Michigan. However, cell phone records put him in the vicinity of the murder at the time of the murders. Duct tape from Elizabeth was matched to a wrapper in his vehicle. A receipt that was received by Elizabeth two hours before the murder was also found in his vehicle. He was overheard bragging about the murders at a local restaurant. He was over $400,000 in debt and 2 months before the murders had taken out a life insurance policy on the life of Elizabeth for $575,000.
Trial: Information/PC for Murder filed (12-22-98); Amended Information for DP filed (04-07-99); Voir Dire (05-15-00, 05-22-00, 05-23-00, 05-24-00, 05-25-00, 05-26-00, 05-30-00, 05-31-00); Jury Trial (06-01-00, 06-02-00, 06-03-00, 06-05-00, 06-06-00, 06-07-00, 06-08-00, 06-09-00, 06-10-00, 06-12-00, 06-13-00, 06-14-00, 06-15-00); Deliberations 10 hours, 22 minutes; Verdict (06-15-00); DP Trial (06-16-00); Deliberations 1 hour, 30 minutes; Verdict (06-16-00); Court Sentencing (08-28-00).
Conviction: Murder (3 counts)
Sentencing: August 28, 2000 (Death Sentence)
Aggravating Circumstances:
b(12) Victim less than 12 years old
b(8) 3 Murders
Mitigating Circumstances:
No significant prior criminal record;
Poor and deprived childhood;
Dysfunctional family;
Has young children who need his support.
Diret Appeal:
Kubsch v. State, 784 N.E.2d 905 (Ind. March 14, 2003).
Conviction Reversed 5-0; DP Vacated 5-0
Rucker Opinion; Shepard, Dickson, Sullivan, Boehm concur.
(In violation of Doyle v. Ohio, the State presented videotaped interrogation where Kubsch asserted right to remain silent.)
On Remand:
Following a new jury trial, on March 19, 2005 Kubsch was found guilty of 3 counts of Murder. After the verdict, Kubsch fired his lawyers, who remained only as standby counsel for the abbreviated sentencing hearing. On March 21, 2005 the jury recommended a death sentence. On April 18, 2005, St. Joseph County Superior Court Judge William H. Albright sentenced Kubsch to death in accordance with the jury verdict.
Retrial: Jury Panel Present to Complete Questionnaires (02-07-05, 02-08-05); Small Group Voir Dire (02-23-05, 02-24-05, 02-25-05, 02-28-05, 03-01-05, 03-02-05); Regular Voir Dire (03-03-05); Trial (03-04-05, 03-05-05, 03-07-05, 03-08-05, 03-09-05, 03-10-05, 03-11-05, 03-12-05, 03-14-05, State Rests, 03-15-05, 03-16-05, 03-17-05, 03-18-05, Defendant Rests, (03-19-05); Deliberations and Verdict (03-19-05); DP Trial (03-21-05); Deliberations and Verdict (03-21-05); Court Sentencing (04-18-05).
DIRECT APPEAL PENDING IN THE INDIANA SUPREME COURT.
As of July 1, 2006