DOB: 02-13-1958
DOC#: 9649 White Male
Clark County Circuit Court
Judge Clifford Maschmeyer
Prosecutor: Jerome F. Jacobi,
Steven D. Stewart
Defense: Michael T. Forsee,
Charles G. Read
Date of Murder: August 27, 1982
Victim(s): Judith Falkenstein
W/F/30 (No relationship to Boyd)
Method of Murder: ligature
strangulation with belt
Summary: When the victim's 10
year old daughter returned one afternoon from next door, she found
the living room window open, the couch pulled away from the window,
and $117 missing from the mantel.
She went upstairs and found her mother nude and
suspended from the bedroom dresser. A belt was pulled tightly around
her neck, with the other end knotted and wedged inside the dresser.
She was bruised and cut.
Burglars had entered the Falkenstein home 4 days
earlier through the same window and stole coins and jewelry. Boyd
was identified by several neighbors in the area at the time of the
murder, and friends testified he had suddenly come into a lot of
money. Property from the first burglary was found in a dumpster
where Boyd was staying with a friend. After first denying any
involvement,
Boyd later confessed to committing the first
burglary, and to entering the house on the afternoon of the murder,
but claimed to have entered the bedroom only to find Falkenstein
already dead.
Conviction: Murder, Felony-Murder,
Burglary
Sentencing: October 4, 1983 (Death
Sentence; Murder/Burglary merged into Felony-Murder)
Aggravating Circumstances: b(1)
Burglary
Mitigating Circumstances: None
Direct Appeal:
Boyd v. State, 494 N.E.2d 284 (Ind. June 24, 1986)
Conviction Affirmed 5-0 DP Affirmed 5-0
Pivarnik Opinion; Givan, Debruler, Shepard, Dickson concur.
Boyd v. Indiana, 107 S. Ct. 910 (1987) (Cert.
denied)
PCR:
PCR Petition filed 01-04-88.
Summary Judgment Vacating death sentence only granted by Special Judge
Robert Bennett on 09-10-93.
Resentenced to consecutive terms of 60 years (Murder)
and 20 years (Burglary), for a total sentence of 80 years
imprisonment on 11-05-93.
ClarkProsecutor.org
