The Indiana Supreme Court unanimously rejected death row inmate Jeffrey Weisheit’s request Thursday to postpone his execution for brain scans. The state’s highest court affirmed that the governor’s administration retains the authority to arrange such testing without a court order, should it deem the medical evidence relevant. Weisheit is scheduled to be executed before sunrise on November 5 at Indiana State Prison in Michigan City.
Weisheit’s attorneys had sought to delay his execution until November 19 and to postpone clemency proceedings. This delay was requested to allow experts to assess potential brain injuries that the attorneys contend affected Weisheit’s behavior prior to the 2010 murders of 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. Weisheit was sentenced to death in 2013 for killing the children in a fire at his home, which was located near Evansville, while their mother, who was his girlfriend at the time, was working an overnight shift.
In its ruling, the justices stated that Weisheit cited no legal authority that would allow the court to control clemency proceedings. The court also noted that Weisheit had not initiated a proceeding that would grant it the authority to order his transportation for the desired brain scans.
This decision comes as Governor Braun prepares to make the final determination on clemency. Braun's decision will follow a nonbinding recommendation from the Indiana Parole Board, which heard testimony on October 16 and October 19. As of Thursday, no clemency decision had been announced, with board members indicating that one was not expected before Friday at the earliest.
The Attorney General’s office had opposed both emergency motions filed by Weisheit's defense. The court's docket indicated that a defense reply received on Monday exceeded filing limits and lacked a motion seeking permission for its additional length.
During the clemency hearings, Weisheit’s attorneys and his family urged a sentence of life without parole. The children's father also supported clemency. In contrast, the children’s mother urged officials to uphold the death sentence.
The state’s high court justices also identified two other potential avenues for Weisheit to seek an execution stay: a challenge to Indiana’s method of execution and a request for permission to reopen post-conviction proceedings. However, neither of these potential challenges had been filed as of Thursday’s order.
A previous ruling by U.S. District Judge Sarah Evans Barker on October 7 approved funding for potential brain scans. Despite this approval, Judge Barker ruled that she lacked the authority to compel state officials to transport Weisheit for evidence gathering in a state clemency case. The Indiana Supreme Court's unanimous decision reinforces this jurisdictional boundary regarding state clemency matters.
