Uncle may face death penalty in murder

Since the death penalty was reinstated in 1976, no Monroe County prosecutor has pursued the capital punishment of a defendant in a murder trial. In fact, no one has been sentenced to death by a Monroe County court in the past century. This precedent will be weighing heavy on the minds of prosecutor Carl Salzmann and deputy prosecutor Mary Ellen Diekhoff as they consider whether to seek the death penalty in the trial of Robert S. Stewart.\nAccording to Indiana law, the death penalty may be applied in a murder trial if at least one aggravating circumstance can be proved beyond reasonable doubt. The law stipulates that the kidnapping and intentional killing of a person less than 12 years of age constitutes two aggravating circumstances that could warrant the application of capital punishment.\nLast Monday at the initial hearing, Stewart pleaded not guilty to charges of murder and attempted murder. Stewart is being held without bond at the Monroe County Jail, under the orders of Monroe Circuit Judge Marc Kellams. The fathers of the two victims, who are both brothers of the accused, attended the hearing.\nStewart, 30, is charged with slashing the throat of his niece Lisa Stewart, 14, on June 13 and dropping her and her 2-year-old brother Steven off a remote bridge that crossed Bean Blossom Creek. The body of the 2-year-old was found partially submerged in the creek the following morning by Bloomington firefighters.\nIn a sworn affidavit released to the Herald-Times, Monroe County sherriff's deputy Ann Maxwell stated that the 14-year-old girl was able to climb to the road where she was found with two lacerations on her throat. The girl confided to police that her uncle slashed her throat at her home and drove her and her brother to the bridge, where they were both thrown into the creek, according to the document.\nMaxwell stated, in her affidavit, that Stewart confessed to detectives that he slashed the young girl's throat and dropped them both from the bridge.\nPreliminary findings from an autopsy performed at Terre Haute Regional Hospital last Sunday revealed that Steven Stewart, Jr. was still alive when he was dropped from the bridge. \n"My preliminary finding is that the cause of death was drowning." said Monroe County Coroner Dave Toumey. "There were no signs of trauma."\nToumey said he is unsure when the final ruling of death will be issued. He said he is still awaiting toxicology tests results but declined to comment on the details of those tests.\nKathy Robbins, patient care director at Bloomington Hospital, declined to discuss the health status of Lisa Stewart, who underwent surgery for her two lacerations shortly after the incident, but said the 14-year-old girl had recently been released from the hospital's care.\nIf the prosecutors choose not to seek the death penalty, Stewart could face up to 115 years in prison. According to Indiana law, IC 35-50-2-3, murder carries a fixed sentence of 55 years with no more than 10 years to be added or subtracted for aggravating and mitigating circumstances. In addition, Stewart could receive up to 50 years for attempted murder. A preliminary trial date of Sept. 10 was set at the initial hearing.