Prosecutors Council Director Discusses Death Penalty
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Siara Sparkman-ssparkman@timesuniononline.com
Multi-township jurisdictional officers searched the southern part of the county Tuesday and Wednesday after finding evidence related to the Feb. 19 murders in Syracuse. As of today, this is the only information that can be released and the officers are making connections and the investigation is still ongoing. With the investigation still active, there have been five arrests with different charges made in connection with the murders of Joshua Knisley, 19, and Tara Thornburg, 23. Brandon Woody, 22, Kyle Dehart, 22, and Thomas Hursey, 27, are all charged with two counts of murder. Joan Dehart is charged with assisting a criminal and Ashlyn Nicole is charged with an obstruction of justice. Prosecutor Dan Hampton would not comment on the enhancement with the case still pending. Possible sentencing for murder is 45 to 65 years. The crime can also carry a sentence enhancement of the death penalty in the state of Indiana. Executive Director of Indiana Prosecuting Attorneys Council David Powell said the decision to impose the death penalty does not need to be made until the very start of the trial. “(Prosecutors) aren’t pressured to make that decision early or later because it is such a difficult decision,” Powell said. He said death and a number of aggregators are needed to be present in order for the death penalty enhancement to be considered. If one or more of the aggravators is not present, then the enhancement is not even an option. He also said just because the aggravators are present doesn’t mean the prosecutor is under obligation to file for the death penalty. Powell said fortunately the number of homicides in Indiana is low, especially compared to other crimes. He said the cost of the enhancement is also considered before making this decision. He said the cost could be very high because attorneys are guaranteed a fixed rate so the defendant can obtain the best criminal defense they can. He said typically it is the local county paying for these costs. He also said it is not unusual for the cost of death penalty enhancement to exceed $1 million. “It’s just the nature of the business,” Powell said. “There is always a fairly substantial price tag.” Powell was a former prosecutor and has experience filing the death penalty. He said the legislature has deemed this enhancement an appropriate penalty. “That’s why you elect those individuals to make those tough decisions,” Powell said. “I know our 91 prosecutors take that responsibility very serious and do their best to carry it out within their ability.” Professor of Law at The Law School at the University of Notre Dame Jay Tidmarsh noted common factors with those on death row. He said many of them have a mental illness or mental incapacity, and most times are indigent. He said Indiana doesn’t have many people on death row, but he’s known a few instances where people have been on death row for at least 20 years. “It can take many years for courts to be satisfied and for the death penalty to be imposed,” Tidmarsh said. The last case in the state that imposed the death penalty enhancement occurred in November 2013. This case involved a Floyd County serial killer who remains on death row with an execution date set for this August.
