Indiana Death Row

MARTINEZ-CHAVEZ, ELADIO # 36

OFF DEATH ROW SINCE 03-01-89

DOB: 08-04-1951 DOC#: 851770 Hispanic Male

Lake County Superior Court
Judge James E. Letsinger

Prosecutor: Jack Crawford

Defense: Robert L. Lewis

Date of Murder: October 11, 1984

Victim(s): Francisco Alarcon H/M/82 (Acquaintance of Martinez-Chavez)

Method of Murder: stabbing with a knife 15 times

Summary: The body of 82 year old Francisco Alarcon was found in the bathroom of his home, stabbed 15 times. A trail of blood was noted from the living room to the bathroom. The evidence showed that Everette Amiotte drove Martinez Chavez and Reynaldo Rondon to a place near Alarcon's home on the night of the murder. As Amiotte stayed in the car, Martinez Chavez and Rondon walked around the corner and returned 20 minutes later. Both men were overheard earlier planning to rob Alarcon, and if caught would kill him. Rondon was identified as driving Alarcon's stolen car on the night of the murder. The next day, Rondon gave his girlfriend 2 knives and told her to hide them. A search of Rondon's residence recovered blood-stained money and the dog tags of Alarcon.

Trial: Information/PC for Murder and DP filed (11-13-84); Amiotte Guilty Plea (04-02-85); Amiotte Sentencing (05-21-85); Voir Dire (04-15-85); Jury Trial (04-16-85, 04-17-85, 04-18-85, 04-19-85); Verdict (04-18-85); DP Trial (04-20-85); Verdict (04-20-85); Court Sentencing (05-15-85).

Conviction: Murder, Felony-Murder

Sentencing: May 15, 1985 (Death Sentence)

Aggravating Circumstances: b (1) Robbery

Mitigating Circumstances: None

Direct Appeal:
Martinez-Chavez v. State, 534 N.E.2d 731 (Ind. March 1, 1989)
Conviction Affirmed 5-0; DP Vacated 4-1 with Instructions to impose a term of years.
(Judge Findings insufficient to override jury recommendation against DP)
Shepard Opinion; Debruler, Givan, Dickson concur; Pivarnik dissents.

Judge Overrides Jury Recommendation against DP
(Joint Trial with Reynaldo Rondon)

Martinez-Chavez v. State, 539 N.E.2d 4 (Ind. 1989) (Rehearing denied)

On Remand:
On 07-12-89 Lake County Superior Court Judge James E. Letsinger resentenced Martinez-Chavez to 60 years imprisonment for Felony-Murder in compliance with Indiana Supreme Court Opinion setting aside death sentence and remanding “for sentencing to a term of years on the felony murder conviction.”

As of July 1, 2006


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