Victim Education, Legislation and Justice
ceremonial signing for Senate Bill 160. The original bill was
signed in March of 2006. Connie and I had the good fortune
to be there. As well, we met the Razor Family from
Mishawaka, Indiana. They had 3 family members murdered
and had to endure two trials. Our hearts go out to this
family. We would also like to thank Senator Tom Wyss for
making this possible.
| The Honorable, Mitch Daniels, Governor of Indiana |
Derrick Wilkerson, Fox 59, WXIN-TV, Indianapolis, May 1, 2006
Indianapolis — Families of Indiana murder victims now have the right to attend the execution of convicted killers.
Dale and Connie Sutton helped spearhead the push for the new law. Connie Suttons daughter Kelly Eckart was brutally
murdered nearly nine years ago, "Now it's our decision if we wanna be there. It's our decision if we wanna stay away."
Governor Mitch Daniels conducted a symbolic signing of the law in his office, "I wouldn't have unless I knew thanks to you
the prevalent feelings of the family members."
The Suttons don't know if they'll attend the execution of Michael Overstreet, but they say it's good to have that option.
200 West Washington Street – Indianapolis , Indiana 46204
House of Representatives Pass Wyss Victims' Rights Bill, Only Slight Amendments Made
(STATEHOUSE) — After passing the Senate almost unanimously, Senate Bill 160, authored by Senator Tom
Wyss (R-Fort Wayne), has now passed the House of Representatives by a vote of 82-12.
SB 160 stipulates that up to eight members of the victim's family be allowed to witness the execution of the
convicted murderer. It also reduces to five, the number of friends and relatives of the convicted that would be
allowed to witness the execution.
“As I've said all along, this bill isn't about retribution,” Senator Wyss said. “It's about not victimizing the
deceased's family a second time. It's about not denying
The bill also stipulates what members of the victim's immediate family may be present at the execution, including
the victim's spouse, children, parents, grandparents and siblings. The Department of Correction will be
responsible for determining which family members of a victim may be present if there are more than eight family
members who desire to witness the execution.
For years, only family members and friends of the convicted were permitted to witness an execution. Victim's
family members have always been excluded, except with exclusive permission from the convicted.
“I couldn't be more pleased that my colleagues in both the Senate and House overwhelmingly agree that these
innocent families deserve not have to ask permission to witness the execution,” Wyss said. “It is time for the
state to stop denying this simple, but extremely meaningful, right.”
Wyss concurred with only amendment made by the House, which makes the legislation effective immediately. SB
160 now heads to governor for his signature.
Bill seeks change for victims' families
By Deanna Martin, Associated Press, (published 30 Jan. 06)
INDIANAPOLIS -- Dale and Connie Sutton's 18-year-old daughter, Kelly Eckart, was abducted, raped and
murdered in 1997.
Eckart, a Franklin College freshman from Boggstown in Shelby County, was abducted heading home from her job
at Wal-Mart. After days of searching, her body was found in a Brown County ravine.
Dale Sutton said that for him and his wife, part of the grieving was attending the trial of the man charged with
Kelly's murder.
That man, Michael Dean Overstreet, was convicted and is now on Indiana's death row.
Sutton said he's not sure if he and his wife would want to witness Overstreet's execution, if it ever occurs -- but
they do want the option.
Current Indiana law allows condemned inmates to decide who witnesses their executions. Relatives of victims are
not allowed to attend unless the inmate grants them permission.
The General Assembly is considering a bill that would allow relatives to witness executions -- something Sutton
said could help bring some closure to some people.
"I think victims deserve that choice," he said. "There's a hole in your heart that never heals. The sharp edges get
a little smoother over time, but that hole is always there."
Sen. Tom Wyss, R-Fort Wayne, is sponsoring Senate Bill 160, which would allow up to eight members of a
murder victim's family to witness an execution without asking permission from the prisoner. Inmates could select
five witnesses instead of the 10 they are now allowed to choose.
Wyss said murder victims' families should not be victimized again by having to ask permission from the killer.
Randy Koester, an aide to Correction Commissioner J. David Donahue, has said that witness space is limited at
the Indiana State Prison in Michigan City, where inmates are executed. The witness room -- a long, narrow space
with a picture window -- would be divided, if the bill passes, so families of inmates and victims could be separated.
But opponents of the bill, including the Indiana Catholic Conference, said condemned inmates deserve privacy
during their final moments.
"Even those who may have committed heinous acts deserve that dignity," said Glenn Tebbe, the group's
executive director. "Death is one of those very personal and sacred moments which should be respected."
Most of the 38 states that have the death penalty allow victims' witnesses at executions, according to the Death
Penalty Information Center.
The Texas Department of Criminal Justice has allowed victims' witnesses since 1995. In 2004, relatives of victims
were present at all 16 executions.
Michelle Lyons, a spokeswoman for the Texas department, said it's an important step in the healing process for
some families.
"Many of the victims' family members say that this is the closing of a very painful chapter," she said. "It's like
they're able to see the whole process through until the end."
Some relatives of victims weep at the executions, while others watch solemnly, said Lyons, who has witnessed
many executions. Once, witnesses gave each other high fives, she said.
Lyons said those relatives who choose not to view the execution at least have the choice to make for themselves.
"In so many cases, they have had no control over the situation," she said. "This is something they didn't ask for.
All of a sudden a loved one is taken from them. It allows them to have a little control back to decide whether or
not they want to be there to see the execution take place."
The Indiana Catholic Conference said witnessing an execution will not bring real healing and closure.
"True peace of mind comes from reconciliation," Tebbe said.
SENATE ENROLLED ACT No. 160
AN ACT to amend the Indiana Code concerning corrections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-38-6-6; (06)SE0160.1.1. --> SECTION 1. IC 35-38-6-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Only the following persons may be present at the execution:
(1) The superintendent of the state prison.
(2) The person designated by the superintendent of the state prison and any assistants who are necessary to assist in the
execution.
(3) The prison physician.
(4) One (1) other physician.
(5) The spiritual advisor of the convicted person.
(6) The prison chaplain.
(7) Not more than five (5) friends or relatives of the convicted person who are invited by the convicted person to attend.
(8) Except as provided in subsection (b), not more than eight (8) of the following members of the victim's immediate family
who are at least eighteen (18) years of age:
(A) The victim's spouse.
(B) One (1) or more of the victim's children.
(C) One (1) or more of the victim's parents.
(D) One (1) or more of the victim's grandparents.
(E) One (1) or more of the victim's siblings.
(b) If there is more than one (1) victim, not more than eight (8) persons who are members of the victims' immediate families
may be present at the execution. The department shall determine which persons may be present in accordance with
procedures adopted under subsection (c).
(c) The department shall develop procedures to determine which family members of a victim may be present at the execution
if more than eight (8) family members of a victim desire to be present or if there is more than one (1) victim. Upon the request
of a family member of a victim, the department shall establish a support room for the use of:
(1) an immediate family member of the victim described in subsection (a)(8) who is not selected to be present at the
execution; and
(2) a person invited by an immediate family member of the victim described in subsection (a)(8) to offer support to the
immediate family member.
(b) (d) The superintendent of the state prison may exclude a person from viewing the execution if the superintendent
determines that the presence of the person would threaten the safety or security of the state prison and sets forth this
determination in writing.
(c) (e) The department of correction:
(1) shall keep confidential the identities of persons who assist the superintendent of the state prison in an execution; and
(2) may:
(A) classify as confidential; and
(B) withhold from the public;
any part of a document relating to an execution that would reveal the identity of a person who assists the superintendent in
the execution.
SOURCE: ; (06)SE0160.1.2. --> SECTION 2. An emergency is declared for this act.
1997 Senior Picture
Police Department, Indiana State Police, The FBI and many other departments
who assisted in the murder investigation of Kelly Eckart
