Testimony concludes in Lakeville 'prom night murders' hearing, new trial now up to judge

SOUTH BEND — In a 2006 trial where Jeff Pelley was convicted of murdering his father, stepmother and two stepsisters on his prom night in the family's Lakeville home, jurors were told that a pair of blue jeans was found in the washing machine at the Pelley house and that the jeans had been washed.

As he seeks a new trial in the case, Pelley’s attorneys claim prosecutors lied to the jury about that key piece of evidence, saying that 34 coins and a legible receipt were found in the pocket of the jeans, indicating they were not washed.

“There was no doubt in mind that those clothes had come out of the washer,” said former prosecutor Frank Schaffer, who tried the original case.

When pressed by Frances Watson, Pelley’s lead attorney, on whether he had seen a lot of coins staying in the pocket of jeans that had gone through a washing machine, Shaffer replied “Sure. All kinds of coins.”

Pelley’s attorneys interrogated former prosecutors about that and other discrepancies Thursday in the final day of a week-long series of court dates before St. Joseph Superior Judge Stephanie Steele.

It’s now up to Steele to decide whether Pelley’s constitutional rights were violated during his original trial and whether he is entitled to a new one. Steele will issue an opinion after she receives additional briefs from both parties, though it could take six months or more.

Prom night murders: Jeff Pelley wants a new trial. Here's what we know.

‘Pervasive failure throughout the trial’

Pelley’s defense lawyers never objected to jurors being told the jeans were washed and found in the washing machine — a fact he now argues shows he did not receive his constitutional right to effective counsel.

Andre Gammage, Pelley’s local counsel during his trial, said Thursday he didn’t remember why neither he nor lead counsel Alan Baum objected to prosecutors’ assertions that the blue jeans had been washed. When asked if he now thinks that was a mistake, Gammage answered, “Potentially.”

An outside expert who testified, Terre Haute-based attorney Jessie Cook, went further, saying the fact that Pelley’s trial attorneys didn’t challenge prosecutors that the jeans were washed was “ludicrous.”

“I think a pervasive failure throughout the trial by the defense counsel to conduct cross examination that would have established for the jury the fact that there was no evidence by the state that specific items were removed from the washing machine,” Cook said.

Jeff Pelley: 'They’re going to kill me': Pelley says lawyers never heard key testimony prior to trial

Gammage, now a St. Joseph County magistrate, added that he questioned Baum’s commitment to the case, saying that the California-based attorney was “more interested in the publicity of the case than the case itself.”

Watson also argued Thursday that Baum and Gammage failed to inspect important pieces of evidence and failed to notice discrepancies in police reports. Testimony earlier in the week focused on the trial attorneys’ failure to investigate a potential connection between Jeff Pelley’s father, Rob Pelley, and organized crime in Florida.

Prosecutors object

Throughout the four days of testimony, St. Joseph County prosecutors consistently objected to pieces of evidence Pelley’s team attempted to enter into evidence, saying they contained hearsay.

In response to the numerous objections, Watson said she was attempting to show the court what evidence Pelley’s trial lawyers should have seen but didn’t, leading to multiple lengthy discussions between the parties and Steele.

A prosecutor’s office spokesman did not respond to requests for comment about the case, though in filings prior to the evidentiary hearing, the state argued much of the evidence Pelley presented was already looked at by the Indiana Supreme Court in 2009.

During cross examination of witnesses, prosecutors also emphasized that while Pelley’s trial lawyers may not have presented a strong case, their efforts didn’t reach the constitutional standard of ineffective counsel.

During the four days of testimony, Pelley sat calmly and mostly silently with his defense team, occasionally massaging his neck with his hand or writing notes to his attorneys. During Wednesday’s session, Steele permitted him to hug his sister, Jacque Delp, who had testified on his behalf.

Pelley now awaits the judge’s ruling.

Email Marek Mazurek at mmazurek@sbtinfo.com. Follow him on Twitter: @marek_mazurek

This article originally appeared on South Bend Tribune: Judge to decide if Jeff Pelley gets new trial after week-long hearing