Victim's Rights Day In Shelbyville, Indiana

After the death of Kelly Eckart, her mother and family started a memorial each year which is held on the lawn of the Shelbyville Court House.  Each year candles a lit in memory of all victims  Violent Crimes including Domestic Violence. In addition to the memorial Kelly's mother (Connie Sutton) lobbied for changes in the law to allow surviving victims and their family members to make an impact statement at sentencing.  Dedicated in Kelly's memory and carries her name. After the article below, you may read speeches given at  two of the memorials.

"KELLY'S LAW"

Bill signing a victory for murder victim's family

Legislation will let families give statements in court 

INDIANAPOLIS -- When Michael Dean Overstreet was sentenced to death for the rape and murder of 18-year-old Franklin College freshman Kelly Eckart, her family wanted to read a statement in court.

 The judge did not allow it.

"I wanted to tell (Overstreet) what he took away from us, how he changed our family, how our life will never be the same," said Kelly Eckart's mother, Connie Sutton. "We're still close, but there are only three of us that are close. It's supposed to be four."

Connie Sutton, her husband, Dale Sutton, and Kelly's brother, Chris Eckart, watched Tuesday as Gov. Frank O'Bannon signed legislation that will give the families of some murder victims the right to be heard in court.

The event was ceremonial only, because O'Bannon already had signed the bill into law to meet a constitutional deadline. Ceremonial signings allow the governor, lawmakers and others to highlight certain bills after the deadline has passed.

"I hope this makes a difference in other families' lives," O'Bannon said.

The law guarantees that someone from a victim's family can make a statement to the court and the convicted murderer after a judge has announced the sentence. It will apply to cases in which prosecutors are seeking the death penalty or life without parole.

Current law does not give victims' families the right to speak at sentencings, and many judges refuse to hear such statements out of concern they could cause the Indiana Supreme Court to overturn a death sentence.

As it passed the House, the bill would have allowed the statements after judges had determined the sentence but before they announced it. The Senate changed it so the statements are allowed only after judges have announced sentencing.

"This will guarantee the rights of the families or their representatives to make statements in the official sentencing, but at the same time they cannot impact the verdict or allow for appeals based on that," said Rep. Cleo Duncan, R-Greensburg, who spent two sessions pushing the bill.

Proponents have named it "Kelly's Law" in memory of Kelly Eckart of rural Boggstown, who was abducted, raped and strangled Sept. 26, 1997. Overstreet was condemned for the killing.

Tom Stapleton also attended Tuesday's ceremonial signing. His son, Steven Stapleton, 29, was shot five times and died during an October 1997 armed robbery at a gun store in Greenwood.

Timothy Greer was sentenced to life in prison without the possibility of parole after pleading guilty to the murder. The judge in that case allowed Stapleton's family to speak, but Tom Stapleton said that decision should not be left to a judge.

"This is just a small step in the way it should be," he said of the new law.

Memorial Year 2001 Key Note Speaker Mattie (Deaton) Herald-Shelby County Domestic Violence Task Force Chair-1999 to 2003

Victims Bill of Rights...

As a thirty-year survivor of Domestic Violence, who made it through, I am honored and very fortunate to be standing here tonight. I would like to say just a few words on the behalf of all victims of Domestic Violence.

DOMESTIC VIOLENCE IS A CRIME.

It is a crime if someone physically hurts or threatens you. No one has the right to hurt you, not even if that person is a spouse or boyfriend.

We all know the alarming statistics of domestic violence. That is why the Shelby County Domestic Violence Task Force is working hard to raise awareness, provide assistance to victims, and to train the employers, churches and the community of Shelby County about domestic violence.

With everyone's help we can bring a better quality of life to our citizens and work toward ending this crime against the women, men and children of our community.

As a people of this Nation we have a "Bill of Rights".

And the victims of Domestic Violence their is a "Bill of Rights" as well.

I have a right not to be beaten.

I am not to blame for being beaten and abused.

I am not the cause of another's behavior.

I have a right to be angry over past beatings.

I have a right to be in a safe, non-violent home.

I have a right to provide a healthy environment for my children and myself.

I do not want my children to grow up to batter or to be battered.

I have a right not to accept physical, emotional, sexual, psychological or financial abuse.

I have a right to make mistakes.

I have a right to believe I have a good memory.

I have a right to have a partner who is faithful.

I have a right to participate in the process of making rules that will affect my life.

As we gather here this evening, may we all remember these rights and do whatever possible for those still struggling with abuse and help them live their bill of rights.

Thank you.

Memorial 2002 Key Note Speaker  Kent Apsley  Shelby County Prosecutor

Helping Victims, Helping Ourselves

Sept. 11 has heightened this country's awareness of the harsh and tragic impact of crime on its victims -- how, in a single moment, one's life can be turned upside down and completely altered through an act of cruelty. 

Although nearly 26 million crimes occur annually in the United States, most of us never stop to think about the people harmed by each of those crimes -- the victims. Nor do we consider what these victims might need to rebuild their lives, to recover from what may have been a profoundly traumatic experience. And what about the ripple effect of crime? Each family member, friend and loved one of a victim is, to some extent, touched by the event. They, too, awaken to find a different world from the one they knew before the tragedy. They, too, must rebuild their lives.

The horror of Sept. 11 gives us an opportunity to reconsider our response to victims of crime generally.

We have witnessed unparalleled generosity, from individual acts of kindness to historic levels of charitable giving. Neighbors helping neighbors. Communities reaching out to victims and survivors. Federal legislation, enacted at breakneck speed, compensating victims for their losses. Such a societal response to crime victims is unprecedented.

As we move beyond and learn from the horrific events of the past year, National Crime Victims Rights Week seems a particularly poignant opportunity to commemorate the progress that has been made to secure rights and services for crime victims.

More than 30 years ago, pioneering victim advocates fought for something previously inconceivable -- the provision of basic rights within the criminal justice system for innocent victims of crime. Today, every state provides for at least some level of participation by victims in the criminal justice system, helping to make individuals and communities safer and making our justice system stronger.

Just this month, the Indiana legislature passed, and the governor signed into law, "Kelly's Law." This law requires, for the first time, that victims' families be allowed to address the court and the defendant in capital murder cases. Through the efforts of tireless advocates, like Connie and Dale Sutton, this statute will serve as a memorial to their daughter, Kelly Eckart, and to all victims of violent crime.

Thirty-two states, including Indiana, have provided even more protection for these rights by enshrining them in their state constitutions. Our own state constitution now mandates that "victims of crime have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and to be informed of and present during public hearings and to confer with the prosecution.

In our own community, we have seen tremendous progress in bringing justice and services to victims of violent crimes. My office now has a full-time victim assistance coordinator, dedicated solely to working with victims, keeping them informed of the status of their cases and making sure they are aware of services and compensation available to them.

Shelby County now has its own Domestic Violence Task Force. It is committed to building a coordinated response to domestic violence throughout the county.

Finally, through the efforts of countless individuals, including Coroner Shelley Snyder and Sheriff Tom Debaun, we see the opening of The Starting Point of Shelby County, a nonprofit agency that offers specialized examination, treatment and counseling for victims of sexual assault. It will provide an invaluable service to victims and a powerful tool to police and prosecutors never before available in our community.

This is also a time to recommit ourselves to making sure that all crime victims have the help they need, that none falls through the cracks in systems established to protect them. A time to bring honor to victims.

How do we do that?

When we help them access the resources they need, from financial resources such as crime victim compensation or restitution, to emotional support and counseling, we bring honor to victims.

When we help them to plan for their own safety, we bring honor to victims.

When we give them the information they need to make their own choices, we bring honor to victims.

When we make sure they have the opportunity to participate fully in the criminal justice process, we bring honor to victims.

When we validate their experience, when we listen to them describe how their lives have been changed by an event out of their control, we bring honor to victims.

And, we bring honor to victims when we ask them what they need, and we commit ourselves to doing everything we can do.

Victims' voices speak to us through the tragedy and pain. We need only to listen to them. In the process, we learn about life and facing hardship. These lessons can teach us all compassion and perspective.

Our community safety depends on your involvement. Our journey toward honoring victims and helping them heal cannot be completed without the involvement and commitment of everyone.

Seize the opportunity to make a positive difference in someone's life and, quite possibly, your own.

Every crime has a victim. Every victim needs our help

 

 

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