GUILTY IN - Melinda Lindsey, 23, shot to death, Porter County, 16 Jan 2015 - #1

[ArabianLover]

There is a "change of plea" hearing scheduled for April 10th. This makes me wonder if he realizes his goose is cooked and he's going to plead guilty.

 

[Tina Grant]

There is a "change of plea" hearing scheduled for April 10th. This makes me wonder if he realizes his goose is cooked and he's going to plead guilty.

I just hope they don't let him plead guilty to a lesser charge.

 

[ArabianLover]

I do too. I wish I knew what happened to the conspiracy charge.

 

[Snowhite]

I do too. I wish I knew what happened to the conspiracy charge.

What was the Conspiracy charge?

 

[Snowhite]

He made her financially dependent too. He told her he would always take care of her and made her quit her job.

Wasn't she pregnant when she quit her job with their first child? I'm assuming he met her at her place of employment? Makes sense that he would make her quit her job...Did she want to go back to work after her little daughter was born...?

 

[starshine4u]

I just hope they don't let him plead guilty to a lesser charge.

There is no change of plea hearing scheduled. April 10th is an Omnibus hearing. In all likelihood, this will be rescheduled. At the time of arraignment all hearings are assigned according to law. Most hearings are rescheduled to accommodate each side.

 

[starshine4u]

There never was a conspiracy charge.

 

[Snowhite]

There never was a conspiracy charge.

Thank you for the information...everyone keeps posting about it so I thought I would ask..

 

[ArabianLover]

There is no change of plea hearing scheduled. April 10th is an Omnibus hearing. In all likelihood, this will be rescheduled. At the time of arraignment all hearings are assigned according to law. Most hearings are rescheduled to accommodate each side.

This is what it says on the court website:

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Chronological Case Summary
Case No. 64D02-1502-MR-001173
State of Indiana vs. STEVEN LINDSEY
Case Type: MR - Murder
Date Filed: 02/12/2015
Location: Porter County Superior Court 2
Protection Order Registry: 452615
Party Information
Attorneys
Defendant LINDSEY, STEVEN Male White Larry William Rogers
Retained
HARPER & ROGERS
304 W US HWY 6
VALPARAISO, IN 46385

219-762-9538(W)

Robert Patch Harper
Retained
304 West Us Hwy 6
Valparaiso, IN 463857911
1041 N 250 E
CHESTERTON, IN 46304
Other Agency Numbers
2245817 Protection Order Registry

State Plaintiff State of Indiana Brian Thomas Gensel
16 E Lincolnway
RM 546
Valparaiso, IN 46383
Charge Information
Charges: LINDSEY, STEVEN Statute Level Date
1. 35-42-1-1(1): Murder 35-42-1-1(1) Murder 01/16/2015
Events & Orders of the Court
02/12/2015 Case Opened as a New Filing
02/12/2015 Information Filed
File Stamp: 02/12/2015
02/12/2015 Probable Cause Affidavit Filed
File Stamp: 02/12/2015
02/12/2015 Order Issuing Warrant for Arrest (Judicial Officer: Alexa, William E )
NO BOND
Order Signed: 02/12/2015
02/12/2015 Warrant or Writ of Attmnt for the Body of a Person Issued
02/13/2015 Hearing Scheduling Activity
Change of Plea Hearing scheduled for 04/10/2015 at 9:00 AM.
02/13/2015 Hearing Scheduling Activity
Final PreTrial Conference scheduled for 04/10/2015 at 9:00 AM.
02/13/2015 Hearing Scheduling Activity
Final PreTrial Conference scheduled for 04/13/2015 at 9:00 AM.
02/13/2015 Hearing Scheduling Activity
Final PreTrial Conference scheduled for 04/13/2015 at 9:00 AM was cancelled. Reason: Assigned in Error.
02/13/2015 Hearing Scheduling Activity
Final PreTrial Conference originally scheduled on 04/10/2015 at 9:00 AM was rescheduled to 05/08/2015 at 9:00 AM. Reason: Data Entry Error.
02/13/2015 Hearing Scheduling Activity
Jury Trial scheduled for 06/08/2015 at 1:00 PM.
02/13/2015 No Contact Order Issued
Order Signed: 2/13/2015\r
Party: STEVEN LINDSEY\r
POR - No Contact Order - Pretrial Release Issued by HON WILLIAM ALEXA
Order Signed: 02/13/2015
02/13/2015 Service Returned Served: Order of Protection
POR - Service Perfected - Service Date: 2/13/2015 3:00 PM; Person Served: STEVEN LINDSEY; Served By: COURT STAFF; Street: 16 Lincolnway; City: Valparaiso; County: Porter; Agency: Porter Superior Court 2; ID/Badge: ; Manner: Court
02/20/2015 Warrant or Writ of Attmnt for the Body of a Person Served
02/24/2015 Motion Filed
Filed By: Gensel, Brian Thomas
File Stamp: 02/13/2015
02/24/2015 Discovery Order Entered (Judicial Officer: Alexa, William E )
Order Signed: 02/13/2015
02/24/2015 Order on Initial Hearing (Judicial Officer: Alexa, William E )
DEF HAS RETAINED COUNSEL. BOND DENIED
Order Signed: 02/13/2015
02/24/2015 Appearance Filed
For Party: LINDSEY, STEVEN
Attorney: Harper, Robert Patch
Attorney: Rogers, Larry William
File Stamp: 02/18/2015
04/10/2015 Change of Plea Hearing (9:00 AM) (Judicial Officer Alexa, William E)
Omnibus
05/08/2015 Final PreTrial Conference (9:00 AM) (Judicial Officer Alexa, William E)
04/10/2015 Reset by Court to 05/08/2015
06/08/2015 Jury Trial (1:00 PM) (Judicial Officer Alexa, William E)
Please note that any Balance Due does not reflect interest that has accrued since the last payment.

 

[starshine4u]

What you didn't highlight below everything else on 4/10/15 is the word Omnibus! At an omnibus hearing a defendant is allowed to change his plea if he/she desires. The hearing is not set for a change of plea however. It is set as an Omnibus, meaning it's about the evidence and what will be allowed and what won't.

 

[ArabianLover]

OK!!!! Well, the hearing is TITLED "Change of Plea Hearing" then the word Omnibus is UNDER the title. It doesn't say Omnibus Hearing.

Looks to me that they have scheduled a "Change of Plea" hearing. And if the prosecutor tells him to go pound sand, NO DEAL. They'll move on to the Omnibus. Then once they find out all the evidence against him and just how bad things look, I'll bet the defense will request a continuance.

 

[starshine4u]

Omnibus Hearing

a) Setting of Omnibus Hearing.

(1) If a guilty plea is not entered at the arraignment, the court may, with agreement of the parties, schedule an omnibus hearing.

(2) In scheduling an omnibus hearing the court must allow counsel time:

(A) to initiate and complete discovery;

(B) to conduct investigation necessary to the defendant's case; and

(C) to continue plea discussion.

(b) Omnibus Hearing.

(1) At the omnibus hearing, the court, in counsel and defendant's presence—unless the defendant waives the right to be present—must:

(A) ensure that, if required, counsel has been provided for the defendant;

(B) determine whether discovery is complete and, if not, make orders to expedite completion;

(C) determine whether there are requests for additional disclosures under Rule16;

(D) rule on any pending motion or request and determine whether any additional motion or request will be made at the hearing or a continued hearing;

(E) determine whether any procedural or constitutional issues exist;

(F) on agreement of counsel, or on a finding that the trial may be protracted or complex, schedule a pretrial conference under Rule 17.1(c); and

(G) on the defendant's request, permit a change of plea.

 

[ArabianLover]

I am aware of WHAT an Omnibus hearing is. But thanks. What is on the COURT SCHEDULE is a CHANGE OF PLEA HEARING. and under it is listed Omnibus.

But maybe like the newspapers, they have the wrong information.

 

[starshine4u]

I am aware of WHAT an Omnibus hearing is. But thanks. What is on the COURT SCHEDULE is a CHANGE OF PLEA HEARING. and under it is listed Omnibus.

But maybe like the newspapers, they have the wrong information.

Your right. The way it is typed, it does give the appearance of strictly a "change of plea hearing". However, I assure you, there is no change of plea and this will be a typical Omnibus hearing, but it probably won't happen on that day.

 

[Tina Grant]

Self-deleted

 

[skinnycat]

Your right. The way it is typed, it does give the appearance of strictly a "change of plea hearing". However, I assure you, there is no change of plea and this will be a typical Omnibus hearing, but it probably won't happen on that day.

So there still will be a trial to decide guilt or innocence?

 

[starshine4u]

So there still will be a trial to decide guilt or innocence?

Yes, if the Judge decides at the pre-trial that there is enough evidence to continue to trial. Don't look for it anytime soon though. With all the continuances and delays it could be well over a year away.

 

[ArabianLover]

It is rare that a prosecutor will file charges (especially in the case of murder) and take a case to trial that they can't WIN. The judge "deciding" there's enough evidence to proceed is, for the most part, a formality.

 

[Tina Grant]

Yes, if the Judge decides at the pre-trial that there is enough evidence to continue to trial. Don't look for it anytime soon though. With all the continuances and delays it could be well over a year away.

A year! Wow. So the actual trial won't get started for at least that long. Oh well, as long as Lindsey is sitting in jail in the meantime .... although I suspect the Porter County jail is a little less rough than the state prison where he belongs with the other convicted murderers.

 

[Tina Grant]

Thank you for the information...everyone keeps posting about it so I thought I would ask..

One of the first articles after the arrest said that he would be charged with murder and conspiracy. Then when he was arraigned it didn't happen. He was only charged with murder. A few of us have always wondered why. Could be the newspaper story was wrong and conspiracy was never on the table.