Jury deliberating in Wilkes case Evansville Courier Press

Login Member Center Contact Us Site Map Archives Alerts myDelivery Courier Press The Gleaner News Sports Business Features Health Opinion Weather Homes Apts Cars Classifieds Coupons Local News search courierpress Home News Local News Jury deliberating in Wilkes case By KATE BRASER Courier Press staff writer or braserkcourierpress.com Originally published a.m. December Updated p.m. December STORY TOOLS E mail story Comments iPodfriendly Printer friendly More Local News Small school districts put on endangered list Night It Rained Tears documentary premieres New Harmony Project gets big Lilly grant Daniel R. Wilkes The jury is expected to begin deliberations today in the case. UPDATE JEFFERSONVILLE Ind. A Clark County Ind. jury is now deliberating in the case of year old Daniel Ray Wilkes. If convicted in the April murders of Evansville mother Donna Claspell and her daughters Avery Pike and Sydne Claspell Wilkes faces the possibility of the death penalty. Throughout the case Wilkes defense team has argued that investigators failed to perform a thorough investigation of an initial suspect in the case Michael Baker. They also argued that police used improper tactics in gaining Wilkes confession. During closing arguments Vanderburgh County Chief Trial Deputy Donita Farr said Wilkes motive for the slayings was child molestation. Prosecutors previously argued that Donna Claspell caught Wilkes molesting Avery Pike and that became the motive for the murders. Farr called the defense strategy in the case the S.O.D.D.I. defense or some other dude did it she explained. That is the defense here she said. Farr said that while defense attorneys said Baker committed the murders prosecutors provided plenty of evidence proving otherwise. She recalled testimony confirming that Baker contacted police immediately upon learning of the murders and that he was wanted for questioning. She also detailed the thoroughness of the investigation into Baker by police. Farr said police searched his home his ex wife s trailer impounded and searched Baker s car drew blood samples from Baker and questioned Baker s friends and relatives. He was looked into she said. Farr cited testimony from Baker s ex wife that he was at home sleeping at the time of the murders as proof he could not have committed them. Phone records confirmed that his ex wife called him at his Evansville home early the morning of April . In the weeks leading up to the murders Wilkes had been staying at Claspell s home. A video taken from a gas station showed Wilkes and Sydne Claspell the morning of April . Investigators have said the murders were committed that night or early the next morning. In the video Wilkes is wearing clothes later found at the crime scene with blood and DNA evidence that prosecutors said linked him to the victims. Also Farr reminded jurors that neighbors of Donna Claspell testified during the trial that Wilkes was the last person seen leaving the home before the bodies were discovered on April . Other evidence Farr cited included a fingerprint matching Wilkes found on the interior door knob of Claspell s bedroom. The door was locked from the inside which Vanderburgh County Prosecutor Stan Levco later said was proof in itself that Wilkes was the killer. That door was locked from the inside when police arrived at the home days later. Defense attorney Kurt Schnepper told jurors he s served as both prosecutor and defense attorney in murder cases but this one will haunt him This is by far the most disturbing difficult and actually haunting case I ve had he said. I would not want to have to make this decision. Schnepper said he and defense attorney Barbara Williams are not certain who committed the murders. We have no detailed narrative no information about what exactly took place he said. We do know that three innocent people were murdered. Schnepper told jurors that from the beginning of the investigation into Michael Baker everything police did was tainted. His first statement was offered in the back of a police car with Ryan James a man who would later become part of his alibi Schnepper said. Schnepper said Baker had a motive to carry out the murders. Michael Baker provided meth to every party involved and but for meth this crime may not have occurred he said. Schnepper told jurors to ask why there was no recording of Baker s statement to police and why other items he deemed important evidence were missing. Schnepper said Baker s motive for murdering Claspell could have been that he had a romantic relationship with her and feared she might tell his wife. Schnepper recalled testimony that Baker was unemployed at the time. Donna Claspell threatened to contact police and his wife about their relationship and meth Schnepper said explaining that a divorce would likely have led Baker to be homeless and if police found out about he and his son s meth use they faced a lengthy jail sentence. He had a lot at stake Schnepper said of Baker. Defense attorney Barbara Williams called the case a rush to judgement and pointed out that within hours of the bodies being discovered the case was essentially solved. That was important because the community wants to know a murderer is caught she said. But by p.m. on April this investigation was over. No more questions were asked. Williams called the police interrogation of Wilkes a failure and went on to say Wilkes never provided any details about the crime. Vanderburgh County Prosecutor Stan Levco got the last word in the case. He provided jurors with his own top ten list of why Michael Baker didn t do it. He ran through many of the reasons Farr had previously stated ending with his number one reason Wilkes did it he said. Levco told jurors the case had been hard fought. But in the final analysis this is not a difficult case to decide he said then asked jurors to return a verdict of guilty. The jury began deliberating at p.m. eastern time. A verdict will be posted here when it is available. PREVIOUSLY JEFFERSONVILLE Ind. Daniel Ray Wilkes defense attorneys have now rested their case. Defense attorneys called two witnesses to testify this morning then wrapped up their case at a.m. eastern time. Closing arguments will begin shortly and then jurors will begin deliberations. Dr. Robert D. Smith a clinical psychologist and certified addiction specialist from Ohio was the second witness to testify for the defense this morning. Jurors have previously learned that on the April the night or eve of the murders of Donna Claspell Avery Pike and Sydne Claspell Wilkes has said he was on methamphetamine had drank tequila and taken Xanax. He told investigators that Donna Claspell gave him the Xanax to help him sleep because he d been up for days due to meth use. Smith said someone who d taken meth and alcohol would be significantly impaired. When someone consumes those substances they are changing the chemical makeup of the brain and that can change they way they act Smith said. He said the combination of Xanax and alcohol would multiply the impact of each depressant. A person would become very likely to be become unconscious he said. Smith said someone under the cocktail of drugs Wilkes took that night could wake up but would be likely to be in a blackout stat where they would later have no memory of their activities during that time period. When someone is blacked out could they be in a physical fight with someone but not remember defense attorney Barbara Williams asked. Absolutely Smith replied. Vanderburgh County Prosecutor Stan Levco said that in Indiana the law states a person cannot be absolved of guilt due to intoxication. Jurors previously heard taped confessions where Wilkes repeatedly said he either did not remember the murders or did not want to remember what had happened. His defense attorneys have argued those confessions were obtained improperly and on Monday they called an expert who said he felt investigators had coerced Wilkes confessions and caused him to believe he committed the murders despite his statements he had no memory of it. PREVIOUSLY JEFFERSONVILLE Ind. Jurors will be asked today to decide the fate of Daniel Ray Wilkes. For four days jurors and three alternates have listened to testimony in the case in which Wilkes is accused of killing Evansville mother Donna Claspell and her daughters Avery Pike and Sydne Claspell . If convicted Wilkes could face the death penalty in the April killings. Related materials to Daniel Ray Wilkes trial PDF Read a copy of the probable cause affidavit describing the evidence investigators found that led to Daniel Ray Wilkes arrest in the deaths of Donna Claspell and her daughters Avery Pike and Sydne Claspell. PDF Read a copy of the court docket which includes short summaries of each filing and motion in the Daniel Ray Wilkes case. PDF Read a copy of the formal charges filed against Daniel Ray Wilkes by the Vanderburgh County Prosecutor s office. PDF Read a copy of Vanderburgh County Prosecutor Stan Levco s motion seeking the death penalty against Daniel Ray Wilkes. Related articles UPDATE Jurors to decide Wilkes case on Wednesday Jury watches Wilkes video UPDATE Jurors watch Wilkes taped confession Jury watches Wilkes video Death penalty trial comes with a sizable price Death penalty at stake Jurors to hear Wilkes tapes Suspect coerced defense claim Triple murder trial venue moved Wilkes high during killings Suspect admits killing police say STORY TOOLS E mail story Comments iPodfriendly Printer friendly More Local News Small school districts put on endangered list Night It Rained Tears documentary premieres New Harmony Project gets big Lilly grant When jurors arrived at the Clark County Ind. courtroom Tuesday morning they were told one of three alternate jurors had been excused from the case by both parties. The woman had been spotted sleeping through much of Thursday s testimony in the case. Court officials said that was not why she was excused but they declined to explain. Defense attorneys plan to call at least two more witnesses today before closing arguments. If Wilkes is convicted jurors will reconvene for a penalty phase of the trial. At the end of that phase they would decide whether to recommend the death penalty. On Tuesday the courtroom was nearly empty as three reporters a relative and a friend of the victims defense team assistants and several court officials observed nearly five hours of testimony from defense expert Richard Leo who specializes in police interrogation techniques and false confessions. He is a professor of law at the University of San Francisco. Under questioning from prosecutors Leo said he charges an hour. He said he submitted a bill in August to Wilkes defense team for about . That bill did not include any time he has spent working on the case since then or his travel expenses and hours for testifying Tuesday. Leo told jurors that after reviewing the tapes and transcripts of Wilkes reported confessions he felt those statements may have been obtained improperly. Leo said it is his belief that the detectives who questioned Wilkes gave him information about the murders eventually convincing Wilkes he was the killer. If someone tells you they don t remember committing a crime you don t tell them they committed a crime Leo said referring to parts of Wilkes statements in which he says he does not remember the slayings. In some number of false confessions research has shown some people come to believe they ve committed a crime Leo said. Leo went on to describe the two types of false confessions Cases where a suspect admits to the crime to satisfy the investigator and cases where the suspect internalizes the information he is hearing and comes to believe he committed the crime despite having no memory of it. Leo said after reviewing the transcripts and watching the nearly five hour video of Wilkes interview with police he found there are a number of places where Wilkes says he doesn t remember. He contended that police who interviewed Wilkes provided information about the crime that had not been made public and that was the only way Wilkes was able to provide details about the murders. Defense attorneys have said physical evidence nothing more than that Wilkes was living in the home in the days before the murders. Would you say confessions are strong evidence of guilt defense attorney Barbara Williams asked. Only if they are corroborated Leo said. People tend to presume if someone confessed they must be guilty. A confession is only great evidence if it is corroborated. If not no. Vanderburgh County Prosecutor Stan Levco spent most of Tuesday afternoon cross examining Leo. He reminded Leo of his testimony stating that in order to deem a confession valid Leo would prefer that the suspect independently provide corroborating details about the crime or have DNA evidence linking him to the crime. Jurors previously viewed a video from a gas station taken April showing Wilkes and Sydne Claspell. In the video Wilkes is wearing a red shirt and a blue baseball cap. A forensic expert testified on Monday of testing swabs taken from that shirt and hat which were both found at the crime scene. Forensic analyst Susan Laine said Wilkes DNA was on the shirt along with Donna and Sydne Claspell s blood. On the hat analysts found Wilkes DNA and Donna Claspell s blood she said. Levco also pointed out multiple examples of instances where he believed Wilkes was providing information to detectives they had not told him. Among those details was a statement Wilkes reportedly volunteered to Evansville Police Department detective Ron Brown on May . Do you feel any of the DNA corroborates Wilkes incriminating statements Levco asked. I don t think it is a yes or no answer Leo said. That would be simplistic and misleading. On their face yes they tend to corroborate but I would want to look closer . . . to see if they do corroborate. How many things does he have to come up with on his own before a false confession becomes a true confession Levco asked. Stumble If convicted in the April murders of Evansville mother Donna Claspell and her daughters Avery Pike and Sydne Claspell Wilkes faces the possibility of the death penalty. Your Turn Posted by logger on December at a.m. Suggest removal I bet the jury will convict this jerk by the end of the day. Posted by pipedream on December at a.m. Suggest removal hope you are right logger. The defenses expert witness seems to be a little light in the head when it comes to complete thoughts. Posted by kakarott on December at a.m. Suggest removal Look it s charlie brown all grown up Posted by nuffsaidgranny on December at a.m. Suggest removal That sleeping juror s Xanax must have kicked in. Posted by LivinLife on December at p.m. Suggest removal This guy wins Uncle Fester look alike of the year. Posted by johnkerry on December at p.m. Suggest removal Dr. Dick Leo should run for congress. an hour to make up some nonsense. He has the theft and lying parts down. Congress is calling Dick. Posted by pipedream on December at p.m. Suggest removal Dr leo is an expert in this field because idiots like him could not get on at the sanitation department. His testimony was such jibberish that a year old could have done it for a lot cheaper. Hope we have a guilty verdict by sun down. Would make my evening Posted by hewhosay on December at p.m. Suggest removal Got his big ol mug front and center today Man show me anything else. A dead ringer LivinLife Posted by GRock on December at p.m. Suggest removal Why are they still deliberating Is there really anything to discuss Sheesh. Convict the guy and get onto the death penalty already. Post a Your Turn comment Requires free registration . Comments are the sole responsibility of the person posting them. By using this site you agree not to post comments that are off topic defamatory crude or sexually suggestive threatening an invasion of privacy or predominantly a personal attack. Violators including those who monopolize a discussion thread may be banned. Click here for our full user agreement . 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