Lake County Superior Court
Judge James L.
Clement
Prosecutor: Thomas W. Vanes, Peter Katic
Defense: James T. Frank
Date of Murder: December 4, 1977
Victim(s): Stephen Skirpan W/M/29 (No relationship to Brewer)
Method of Murder: shooting with handgun
Summary: Brewer and Brooks went to the Skirpan residence, flashed a badge and claimed to be Officers investigating a traffic accident. They announced they had a search warrant, and when Skirpan asked to see it, Brewer shouted "This is a hold up!" Both men drew handguns and Skirpan was pushed aside. A shot was fired and Skirpan was killed. The men took money and fled. Brewer was arrested later the same night with commemorative coins on his person matching those taken in the robbery. Evidence of four other robberies committed in the same area on the same day, with the victims identifying Brewer, was admitted into evidence.
Conviction: Murder
Sentencing:
March 1,
1978 (Death Sentence) (1st person sentenced to death under IC 35-50-2-9)
Aggravating Circumstances: b(1) Robbery
Mitigating Circumstances:
intoxication, low IQ, 21 years old at time of murder,
mother died when he was 11 years old, member of minority
race.
Direct Appeal:
Brewer v. State, 417 N.E.2d 889 (Ind. March 6, 1981)
Conviction Affirmed 5-0 DP Affirmed 4-1
Prentice Opinion; Givan, Hunter, Pivarnik concur; Debruler dissents.
Brewer v. Indiana, 103 S. Ct. 18 (1982) (Rehearing denied)
PCR:
PCR Petition filed 10-08-82; PCR denied by Judge Richard W. Maroc on 09-20-84.
Brewer v. State, 496 N.E.2d 371 (1986)
(Appeal of PCR denial by Judge Richard W. Maroc)
Affirmed 3-2; Pivarnik Opinion; Givan, Dickson concur; Debruler, Shepard dissent.
Brewer v. Indiana, 107 S. Ct. 1591 (1987) (Cert. denied)
Habeas:
Brewer v. Shettle, 917 F.2d 1306 (7th Cir. 1990) (“We affirm the order of the district court directing that a writ of habeas corpus shall issue unless the State of Indiana conducts a new sentencing hearing for James Brewer within 90 days of the issuance of the mandate. An opinion will follow in due course.”)
Brewer v. Aiken, 935 F.2d 850 (7th Cir.
1991)
(Appeal of granting Writ of Habeas Corpus by Judge S. Hugh Dillon, U.S. District Court, Southern District of Indiana, conditional upon the State providing a new Sentencing Hearing to Brewer within 90 days due to ineffective assistance of counsel during penalty phase; Failure to investigate mental and family history, and to present mitigating factors relating to Brewer’s limited intellect and passive personality.)
Affirmed; Judge John L. Coffey, Judge Frank H. Easterbrook, Judge Michael Kanne.
On Remand: Sentencing Agreement filed, Brewer resentenced to a term of 54 years imprisonment on 10-30-91.
As of July 1, 2006