Bill signing a victory for murder victim's family

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.\nThe judge did not allow it.\n"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."\nConnie 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.\nThe 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.\n"I hope this makes a difference in other families' lives," O'Bannon said.\nThe 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.\nCurrent 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.\nAs 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.\n"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.\nProponents 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.\nTom 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.\nTimothy 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.\n"This is just a small step in the way it should be," he said of the new law.