In a decision handed down Tuesday, Dally wrote that the argument of Winans, who is serving consecutive life sentences for the brutal 2008 murders of Bob and Ellen Sheldon, owners of the Old Cabin Shop in Carthage, that his lawyers were ineffective did not hold up.
Winans pleaded guilty February 28, 2011, to two counts of second degree murder, two counts of armed criminal action and one count of burglary. The murder charges had originally been first degree. He was sentenced to 20 years in prison for armed criminal action and 15 years for burglary, with the charges to run consecutively with the life sentences.
His co-defendant, Matthew Laurin, Springfield, pleaded guilty earlier and then committed suicide in the Jasper County Jail.
In his motion, Winans, who was represented by a different public defender than the two who represented him earlier, offered three arguments as to why his guilty plea should be set aside.
Winans claimed that his lawyers did not tell him that his sentences would be running consecutively and that he was under the mistaken belief that some of them would run concurrently. Dally found that that claim was not accurate.
Winans' second claim was that his lawyers had told him that "premeditation of his codefendant could be attributable to him." Dally wrote, "This court finds it hard to believe that experienced counsel from the capital defender unit would have made any such statement to him and, in fact, they deny saying any such thing."
The final claim by Winans was that his lawyers did not file a motion to suppress the statement of Dr. Tammy Neil, to whom he made an incriminating statement while he was in the Jasper County Jail and Dr. Neil was serving as a mental health consultant. Dally noted that there was no reason to file a motion to suppress at that point and that one certainly would have been filed had Winans elected to stand trial instead of entering a guilty plea.
From July 15, 2009- Flaws in the System May Have Led to Murder of Carthage Couple
This was not a case where there was any doubt about who the killers were.they should have executed him instead of wasting taxpayers money on stupid appeals. If you plead guilty to murder there should not be any appeals.
ReplyDeleteThank you Judge Dally
ReplyDeleteI agree with both of the above comments.
ReplyDelete