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Indiana Supreme Court denies requests to stop execution of Joseph E. Corcoran

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Indiana Supreme Court denies requests to stop execution of Joseph E. Corcoran


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The Indiana Supreme Court has denied requests from the attorneys of Joseph E. Corcoran to stop his execution, which is scheduled to be carried out Dec. 18.

Corcoran’s attorneys asked the state’s highest court to halt the execution — which would be the first of a state prisoner since 2009 — arguing his lifelong struggles with mental health problems, including paranoid schizophrenia, have rendered him incapable of understanding the reality of his situation and the punishment he is about to face.

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Joanna Green, an Indiana State deputy public defender and one of Corcoran’s attorneys, said the decision handed down Thursday is disappointing and shows that “Indiana endorses executing the insane and the seriously mentally ill.”

“Without a hearing or further examination, the court seemingly determined our client is competent to be executed,” Green said. “The court has not afforded Mr. Corcoran even a modicum of due process. The evidence as presented to the court shows Mr. Corcoran is not competent.”

Corcoran’s attorneys have pointed to his delusions that Indiana Department of Correction officers are torturing him and controlling his mind using an ultrasound machine.

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“Mr. Corcoran’s paranoid schizophrenia completely removes him from reality,” his attorneys argued in motions asking the Supreme Court to stop the execution. “He cannot distinguish between reality and his delusions and hallucinations — his delusions are his reality. And because his reality is informed by his delusions and hallucinations, he is incapable of rational thought.”

Two days before the Supreme Court’s decision, it received an affidavit from Corcoran in which he asked the court to deny his own attorneys’ motions and expressed his wish to be put to death.

“I, Joseph Edward Corcoran, do not wish to litigate my case further. I am guilty of the crime I was convicted of, and accept the findings of all the appellate courts,” Corcoran wrote. “The long drawn out appeal history has addressed all the issues I wished to appeal, such as the issue of competency.”

Green acknowledged her client’s expressed desire for execution. But she said these statements reflect Corcoran’s history of masking his mental illness and his belief that death would allow him to escape a lifetime in prison and the torture he believes was being inflicted upon him.

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The Indiana Attorney General’s Office declined to comment.

In court filings, the agency acknowledged that Corcoran is mentally ill — but that he is competent to be executed. Deputy Attorney General Tyler Banks pointed to Corcoran’s own statements saying his claims of being tortured were made up.

Banks argued in court filings that Corcoran’s attorneys’ case for incompetence was based “on a factual premise that Corcoran admits is a lie.”

In 2005, Corcoran wrote an affidavit saying he lied to his psychiatrists in order to get sleep medication, and “no mental illness or delusions or hallucinations” are influencing his decision.

“The truth is no mental illness or delusions or hallucinations are influencing my decision to waive my appeals,” Corcoran wrote. “The fact is I am guilty of murder and I think that I should therefore be executed.”

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Corcoran, of Allen County, was convicted and sentenced to death in 1999 for shooting and killing four people, including his own brother. Court documents say he became enraged when he heard the four talking about him. After putting his 7-year-old niece in an upstairs bedroom, Corcoran loaded his semiautomatic rifle and shot the victims. He then put his rifle down, went to the neighbor’s house and asked them to call the police.

Indiana has not executed an inmate since 2009. The state paused executions because of a lawsuit and other complications that prevented officials from obtaining the mixture of drugs used in its lethal injection protocol. In June, Gov. Eric Holcomb and Attorney General Todd Rokita announced they are seeking to resume executions after prison officials acquired the drug pentobarbital to carry out death sentences.

Seven other people are on Indiana’s death row.

Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.



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Indiana

Young male dead after shooting on Indy’s northeast side

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Young male dead after shooting on Indy’s northeast side


INDIANAPOLIS (WISH) — Police say one “young man” is dead after a shooting at the 1200 block of Rue Rabelais at about 7:19 p.m. according to the Indianapolis Metropolitan Police Department.

That is near the intersection of 56th Street and Binford Boulevard.

Police say the victim was taken to Riley Hospital where he later died. Investigators say they are still working to identify the victim.

There was no known information about a suspect. Police did say that they believe this is a targeted incident.

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There was no other information immediately available.

This story has been updated with information from the Indianapolis Metropolitan Police Department.



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Mother and boyfriend accused in death of 4-year-old boy found in closet

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Mother and boyfriend accused in death of 4-year-old boy found in closet


This story contains descriptions of distressing circumstances involving children.

INDIANAPOLIS (WISH) – A mother and her boyfriend were accused of causing the death of a 4-year-old-boy found dead in a basement closet on Monday. 

Indianapolis Metropolitan Police Department arrested Angel Lovely, 37, and Nicholas Bergdoll, 36, on preliminary charges of neglect of a dependent causing death. The Marion County Prosecutor’s Office by Friday had not filed formal charges. 

A sibling found the 4-year-old dead on Monday, according to investigators. Lovely and Bergdoll were in the home at the time but told police they were asleep when he died. 

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Born premature with cerebral palsy, the 4-year old couldn’t walk, was nonverbal, and ate through a feeding tube. Lovely claimed she would rarely put the child in the closet, only “when he won’t stop screaming” or when she “needed a break.” 

But when investigators interviewed Lovely’s three other children, they said that the boy “stays in the closet all day,” and that “mom locks him in the closet” and “does not pay attention to him.” 

An exact cause of death hasn’t been determined, but the child was found with blood in his mouth. Lovely said he’d been aspirating.

One of Lovely’s children told investigators they heard the 4-year-old gagging but didn’t say anything because it wasn’t unusual.

A neighbor living on Monticello Drive, Michelle Johnson, told News 8, “It’s horrible. It breaks my heart.”  

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Johnson had seen the other children outside the home but never knew there was a boy in a wheelchair living there. She said if she suspected they were being neglected, she would have called police or the Indiana Department of Child Services.

“We’re supposed to be a village and raise kids together,” Johnson said. “That’s really heartbreaking.” 

Bergdoll told police, according to the investigators’ report, that he didn’t agree with putting the child in the closet: “I am not going to tell her how to f****** raise her kids.” 

“I’m sickened,” IMPD Public Information Officer Tommy Thompson told News 8 in an interview.
“Think about putting yourself in that situation. Every day, do you want to be in a closet? Locked up, no light?”

Court records show the Department of Child Services had removed the boy from Lovely’s care because of medical neglect, but she regained custody last year against DCS recommendations.  

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Thompson, the neighbor, hopes the tragedy can be an opportunity for others to speak up when they see a child who can’t speak up for themselves. “Maybe you’ve got to make that tough phone call. Reach out. The city has resources.”

Johnson wishes she would have known what was happening so she could have said something. “Children don’t have a voice and we’re supposed to be their voice.”

Help is available for victims of domestic violence, child abuse, and sexual assault. Below is a list of suggested resources, both national and local:



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Police arrest suspect in Westfield homicide

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Police arrest suspect in Westfield homicide


WESTFIELD, Ind. (WISH) — Police have arrested someone in connection to a homicide earlier this month in the Hamilton County city.

In a Friday night social media post, the Westfield Police Department announced the arrest but gave no details, including who was arrested or what preliminary charges the person may face.

“Due to the active nature of this case, limited details are available for release at this time,” the post said.

As WISHTV.com previously reported, James “Matt” Lushin, 47, was found dead shortly after 7:25 p.m. March 12 with trauma at his home in the 3900 block of Westfield Road, also known as State Road 32.

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Social media posts from the scene showed police tape and emergency vehicles at a red brick house between Shady Nook Road and Gray Road.

Lushin’s obituary said the Kokomo native was a key partner with the real estate investment company, FLF Property. The obituary also said, “Matt was also a respected and accomplished member of the international poker community. He traveled the world competing in tournaments and built an impressive and successful career.”

Police have previously said the death was believed to be isolated, posing no ongoing threat.

Officials have not released a specific cause or manner of death.

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