DOB: 07-11-1960 DOC#: 853860 White Male
Marion County Superior Court
Judge Thomas
E. Alsip
Prosecutor: Robert Thomas, David Cook
Defense: Craig Wellnitz, Eugene Hollander
Date of Murder: June 5, 1984
Victim(s): Kerry Golden W/M/29 (Acquaintance of Huffman, met on night of murder)
Method of Murder: beating with tire iron; stomping; manual strangulation
Summary: Kerry Golden was introduced to Huffman while at the 50 Yard Line Bar in Indianapolis. They sat together and Golden displayed a large amount of money and marijuana on his person. They met Huffman's longtime friends, Herb Underwood and Rick Asbury and closed down the bar. They smoked some marijuana in the parking lot together and left in a car with Huffman driving, Underwood in the front, and Asbury and Golden in the back. The car was stopped in a remote area. Underwood got out and pulled Golden from the car. Huffman and Underwood told Golden to "give up the pot," then attacked him, both punching and kicking him. They stripped off his clothing and Underwood grabbed his penis and lifted him off the ground as Golden screamed. Underwood then took money from Golden's pants. Asbury got out and kicked Golden and gave his knife to Huffman when he asked. Huffman threatened to kill Golden if he told. Underwood stated that he had to kill him because he did not want to be identified and go to prison. Huffman got a tire iron from the trunk and both he and Underwood beat Golden. Underwood then told Asbury he had to hit Golden. Asbury "tapped" Golden twice with the tire iron. Asbury testified as the State's star witness at trial.
Conviction: Murder, Felony-Murder, Conspiracy to Commit Murder (A Felony), Robbery (A Felony), Conspiracy to Commit Robbery (A Felony)
Sentencing: August 23, 1985 (Death Sentence, 50 years, 50 years, 50 years; Murder and Felony-Murder merged)
Aggravating Circumstances: b (1) Robbery
Mitigating Circumstances: intoxication
Direct Appeal:
Underwood v. State, 535 N.E.2d 507 (Ind. March 10, 1989)
Conviction Affirmed 5-0 DP Affirmed 4-1
Givan Opinion; Shepard, Debruler, Pivarnik concur; Dickson dissents.
Joint Trial with Richard Huffman
Underwood v. Indiana, 110 S. Ct. 257
(1989)(Cert. denied)
Underwood v. Indiana, 110 S. Ct. 524
(1989) (Rehearing denied)
PCR:
PCR filed 05-30-1990; Granted by
Special Judge Ora Kincaid 04-21-95, vacating conviction
and sentence.
On Remand:
Motion for Speedy Trial (06-22-95); Voir dire (08-19-96, 08-20-96, 08-21-96); Jury Trial (08-22-96, 08-23-96, 08-24–96, 08-25-96, 08-26-96, 08-27-96); Deliberations over 4 days; Verdict (08-30-96).
Retrial on 08-19-96 to 08-27-96.
Marion Superior Court Special Judge Paula E. Lopossa
Verdict: Hung Jury on Murder, Conspiracy to Murder;
Found Not Guilty of Felony-Murder, Robbery, and Conspiracy to Robbery.
State’s Motion to Dismiss Death Sentence due to jury verdict of not guilty on Robbery (10-11-96); Voir Dire (02-03-97); Jury Trial (02-03-97, 02-04-97, 02-05-97, 02-06-97, 02-07-97); Verdict (02-07-97); Court Sentencing (02-21-97).
Second Retrial on 02-03-97 to 02-07-97.
Marion Superior Court Special Judge Paula E. Lopossa
Verdict: Guilty of Murder and Conspiracy to Murder.
Sentence: 60 years imprisonment for Murder. (Conspiracy to Murder vacated)
Underwood v. State, 722 N.E.2d 828 (Ind. January 31, 2000).
(Direct appeal after resentencing and imposition of 60 years imprisonment).
Underwood v. Indiana, 122 S.Ct. 560 (2001)(Cert. denied).
As of July 1, 2006