OFF DEATH ROW SINCE 08-29-05
DOB: 02-06-1946 DOC#: 872036 White Male Montgomery County Circuit Court
Judge Thomas K. Milligan
Prosecutors: Wayne E. Steele, Peggy O. Lohorn
Defense: Harry A. Siamas
Date of Murder: September 6-7, 1985
Victim(s): Nadine Baird W/F/32 (wife); Kathryn Baird W/F/78 (mother); Arthur Paul Baird, I W/M/68 (father)
Method of Murder: manual strangulation (Nadine); stabbing with knife (Katherine); stabbing with knife (Arthur)
Summary: Baird strangled his wife on their bed in their trailer home in Darlington for no apparent reason. His wife was 6 months pregnant. He spent several hours watching TV and holding his wife's body. Early the following morning, he went to his parents' home nearby, and after feeding the chickens and getting a haircut from his Mom, he stabbed them both to death with a butcher knife. He left after loading up his belongings, and was arrested in Huntingburg, 2 hours away, the next day. (insanity defense)
Conviction: Murder, Murder, Murder, Feticide (C Felony)
Sentencing: March 13,
1987 (Jury recommended death for the murder of his Mother
and his Father, but against death for the murder of his
wife. The Court sentenced Baird to 60 years for the
Murder of Nadine Baird and 8 years for Feticide, to be
served concurrently; Death for the Murder of Kathryn
Baird and Death for the Murder of Arthur Baird.)
Trial: Information/PC for Murder filed (09-08-85); Amended Information for DP filed (09-10-85); Plea Agreement filed (10-07-86); Defendant demands Jury Trial (12-22-86); Voir Dire (02-04-87, 02-05-87, 02-06-87, 02-09-87, 02-10-87); Jury Trial (02-11-87, 02-12-87, 02-13-87, 02-14-87, 02-17-87); Verdict (02-17-87); DP Trial (02-18-87); Verdict (02-19-87); Court Sentencing (03-13-87).
Aggravating Circumstances: b(8) 3 murders
Mitigating Circumstances:
extreme mental and emotional disturbance, no criminal
history, active in church, employed; provided for family,
honorable discharge from military, person of good
character in community
Direct Appeal:
Baird v. State, 604 N.E.2d 1170 (Ind. December 1, 1992)
Conviction Affirmed 5-0 DP Affirmed 5-0
Debruler Opinion; Shepard, Givan, Dickson, Krahulik concur
Baird v. Indiana, 114 S. Ct. 255 (1993)
(Cert. denied)
PCR:
PCR Petition filed 04-29-94; Denied by Special Judge Vincent Grogg 12-07-95
Baird v. State, 688 N.E.2d 911 (Ind. 1997)
(Appeal of PCR denial by Special Judge Vincent F. Grogg)
Affirmed 5-0; Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Baird v. Indiana, 119 S. Ct. 122 (1998) (Cert. denied)
Habeas:
03-02-99 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Judge Larry J. McKinney
07-17-03 Writ of Habeas Corpus denied.
Baird v. Davis, 388 F.3d 1110 (7th Cir. November 12, 2004) (03-3170)
(Appeal of denial of Writ of Habeas Corpus)
Affirmed 2-1; Opinion by Circuit Judge Richard A. Posner.
Judge Diane P. Wood concurs. Judge Kenneth F. Ripple Dissents.
Baird v. Davis, 125 S.Ct. 953 (April 18, 2005) (Cert. denied)
On August 29, 2005 Indiana Governor Mitch Daniels commuted the death sentence of Arthur Paul Baird II to Life Without Parole, the day before his scheduled execution. Daniels cites Baird's mental illness at trial and now, speculating that the jury would have given him a life without parole sentence if it would have had the option in his 1987 trial. Daniels acted after a 3-1 vote in which the Parole Board recommended against clemency for Baird and after a 3-2 vote by the Indiana Supreme Court to let Baird's execution proceed. The commutation marked only the third time since the reinstatement of the Death Penalty in Indiana in 1977 that a Governor has commuted a death sentence. Governor Kernan had earlier commuted the death sentences of Michael Daniels in January 2005 and Darnell Williams in July 2004 to life without parole.
As of July 1, 2006