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UPDATED BREAKING NEWS: Marty Walters back in court; files motion to have body exhumed
Convicted murderer Marty Walters, of Linton, was back in Greene Superior Court for a brief time Friday -- long enough to formally dismiss his legal counsel and file numerous motions related to his guilty plea in the death of Robert Gillett on May 24, 1993.
Among the motions pending in the case is a motion to have the body of Steven Wayne Baker exhumed. Baker, who was implicated by Walters in the attack on Gillett, died April 16, 2006 and is buried at Fairview Cemetery in Linton. He was 52 years old and is Walters' brother-in-law.
After the brief hearing, Walters told the Greene County Daily World that he filed the motion Jan. 9 to exhume Steven Baker's body because he believes that blood and DNA samples taken from the Gillett residence may be matches to Baker and asked his body be exhumed for testing.
"Steve Baker was never tested and I don't know if there is DNA there to link him or not because he was a pretty slick character. But we'll never know if we don't do this," Walters said before exiting the courtroom.
Baker was given immunity from prosecution in the case in exchange for information about Walters' involvement. Walters contends Baker was a co-conspirator and he alleges that it was Baker who went back to the Gillett home and carried out the brutal beating that lead to the elderly man's death.
"He played the state as fools and it looks like they don't want that to come out," Walter said.
Walter, who is serving a 48-year prison term for murder and 10 years for burglary at New Castle Correctional Facility, appeared before special Judge William Sleva from Lawrence County.
Walters, 44, is seeking post-conviction relief to be released from Department of Corrections custody prior to his current release date of June 4, 2013.
He was sentenced by former Greene Superior Court Judge J. David Holt after entering a guilty plea as part of a negotiated plea agreement on May 11, 1994.
The post conviction relief hearing actually started Nov. 21, 2008 and was continued until Friday by order of the judge.
However, the court proceedings on Friday morning only lasted about 10 minutes.
Judge Sleva granted a motion by Walters' attorney -- Karen Strueh -- who requested to withdraw from the case because "the attorney-client relationship between counsel and the defendant has completely broken down."
She has served on the case since November 2008.
Walters, according to court documents, had requested the dismissal of Strueh from his case for what he described as "divided loyalties."
Strueh, who had been appointed as Public Defender in the case, advised the court that she had turned over to the court the following motions filed on behalf of Walters: Motion to Recall Witnesses, Motion for Subpoena Witnesses, Supplemental Pleadings to Petitioner's Post Conviction Relief, Motion to Vacate Guilty Plea; and Request for Production of Documents to a Party.
Judge Sleva also denied a motion for the appointment of a lay advocate on Walters' behalf.
In his petition to the court, Walters asked that Kenny Faust, a Department of Correction inmate with 20 years experience in the study of law and litigation, be appointed as his advocate.
The judge quickly denied the motion saying, "I can not legally do that. It's against the rules. It can't be done. It would be my authorizing an unauthorized practice of law."
Sleva explained that a defendant can only be represented by a licensed lawyer or he could represent himself.
Sleva continued, "Right now you don't have counsel. You are more than welcome to represent yourself. That is a right you have."
He added, "I would strongly suggest you not represent yourself because of the complex issues in this case."
The judge acknowledged that he might have difficulty finding a Public Defender from inside Greene County willing to take on this case and he possibly would have to seek a qualified public defender from either Monroe or Lawrence counties.
As a first step, he will contact the State Public Defender's office in Indianapolis to see if they would take the case.
Walters interjected that he had been previously represented for about 12 years by a State Public Defender before they withdrew.
The defendant then tried to talk with the judge about his reasoning for wanting a lay advocate appointed, but Sleva quickly replied, "It's not going to happen because it can't. It can't and won't happen."
The judge also stated, "We can't proceed without counsel -- that is in your best interest."
Walters, a former kickboxing champion, told the Judge that he would be willing to serve as his own lawyer if a public defender can't be found.
"If you can't find anybody I will be happy to do this," he stated.
Judge Sleva then dismissed the proceedings and said a date to resume the hearing would be set after new counsel is found and they have sufficient time to prepare for the hearing.
After the hearing, Walters said he "was more disappointed that anyone can understand" that the proceeding on Friday morning was cut short with little action.
Before he left, he stated in a calm soft voice, "After you say it for so long, I guess people get tired of hearing it. But I didn't kill Mr. Gillett. I did not kill him. ... This is a shame."