DOB: 11-14-1967 DOC#: 894793 White Male
Madison County Superior Court
Judge
Thomas Newman, Jr.
Prosecutor: William F. Lawler
Defense: Jeffrey A. Lockwood, Mitchell P. Chabraja
Date of Murder: June 18, 1992
Victim(s): Judy VanDuyn W/F/41 (No relationship to Saylor)
Method of Murder: stabbing with knife 45 times
Summary: On an evening of a severe rainstorm, Judy VanDuyn went to the laundromat at 8th Street in Anderson. While taking clothes to her car, she was confronted by Saylor at knifepoint. Saylor forced her into her van, directing her to drive to a remote area of the county. A few hours later, a farmer went outside to check his livestock and buildings after the storm had subsided. In doing so, he came upon a van which was parked in a muddy field. He approached the van and saw a female driving, and a man in the passenger seat. He later identified this man in a lineup as Saylor. He asked if they needed help and both said no. After checking his grounds, the farmer returned to the van. He could not see inside, and assumed that the couple had been "parking" and had abandoned the van when it was stuck in the mud. He returned inside his home. A neighbor would later come across the van, thinking there had been an accident. Upon looking inside, he discovered the body of Judy VanDuyn, cut or stabbed approximately 45 times in the chest and abdomen. Footprints inside the van, and away from the van in the muddy field, were discovered with a "Jordache" imprint. The husband of Judy VanDuyn had gone looking for his wife. At the Laundromat, he saw that it was locked and closed. He made note of a automobile parked nearby and wrote down the make and license number. This car was later found to be registered to Saylor. When questioned, Saylor was found to have scratches over his body and dried blood on his head. A search warrant recovered a pair of soaking wet Jordache tennis shoes from his home. At trial, a fellow inmate at the jail testified that Saylor had admitted the murder. Saylor had been released from DOC in 1991 on Probation for 4 years following his 1988 conviction for Burglary in Madison County. A Petition to Revoke was pending.
Trial: Information filed/PC Hearing for Murder and DP (06-23-92); Voir Dire (01-05-93, 01-06-93, 01-07-93); Jury Trial (01-10-93, 01-11-93, 01-12-93, 01-13-93, 01-14-93, 01-17-93, 01-18-93); Verdict (01-18-93); DP Trial (01-19-93, 01-20-93, 01-21-93); Verdict (01-21-93); Court Sentencing (02-17-93, 02-23-93).
Conviction:
Murder,
Felony-Murder, Robbery (B Felony), Confinement (B Felony)
Jury Recommendation for Life Without Parole
Sentencing: February 17,
1994
(Death Sentence - No other sentence imposed)
Judge Overrides Jury Recommendation for Life Without Parole.
Aggravating Circumstances: b(1) Robbery, b(9) On Probation
Mitigating Circumstances: functioned well in correctional system he was a good employee non-nurturing background and upbringing worked to add veteran's name to memorial intoxication at the time of the murder
Inmate Website:
http://www.bennysaylor.com
http://gbr.ecadp.org/inmates/sites.html
http://www.ccadp.org/bennysaylor.htm
Direct Appeal:
Saylor v. State, 686 N.E.2d 80 (Ind. September 19, 1997)
Conviction Affirmed 5-0 DP Affirmed 5-0
Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Saylor v. Indiana, 119 S.Ct. 847 (1998) (Cert. denied).
PCR:
PCR Petition filed 07-01-98. PCR denied 06-18-99 by Special Judge Fredrick Spencer.
Saylor v. State, 765 N.E.2d 535 (Ind. March 20, 2002)
(Appeal of PCR denial, Affirmed 5-0 as to conviction, 4-1 as to death sentence; Rucker opinion, Shepard, Dickson, and Boehm concur; Sullivan dissents as to death sentence based upon Apprendi.)
Saylor v. State, 808 N.E.2d 646 (Ind. May 21, 2004)(On Rehearing).
Judgment denying PCR reversed 4-1.
Opinion by Boehm; Dickson, Sullivan, Rucker concur; Shepard Dissents.
(Here, the Judge rejected the jury recommendation against a death sentence. In light of 2002 amendments to IC 35-50-2-9, which require Judge to sentence in accordance with jury verdict, it is inappropriate for Saylor to be executed today.)
Remanded with instructions to impose sentence of 60 years, 20 years, 20 years, consecutive.
As of July 1, 2006