Published: October 14, 2007 08:15 am      

Loveless seeks release from jail

Former NA resident convicted ringleader in 1992 Shanda Sharer torture killing

The convicted ringleader of Shanda Sharer’s 1992 torture killing will stand before Jefferson County Circuit Court Monday asking to be released from prison.

Melinda Loveless, 31, who last lived in New Albany, was convicted in 1992 of leading a group of teenage girls who lured Sharer, a student at Hazelwood Junior High School in New Albany at the time, from her home and then murdered her.

Loveless was convicted of torturing Sharer for more than 10 hours while driving around Clark, Floyd and Jefferson counties, beating and sodomizing her with a tire iron, strangling her, and then participating in burning Sharer to death. The body was found north of Madison. Loveless perpetrated the crime because her girlfriend, a then-14-year-old New Albany resident, was also romantically involved with the then-12-year-old Sharer, according to court records.

Indianapolis attorney Mark Small, who is representing Loveless, said in a telephone interview that severe childhood abuse made his client “profoundly retarded,” and that she was not effectively represented by counsel when she pled guilty to the charges against her. Jefferson Circuit Judge Ted Todd sentenced her to 60 years in prison, and Small hopes the court will this time either release Loveless entirely, or set a new trial. The process Small and Loveless have initiated is referred to as post conviction relief. It provides, in extenuating circumstances, the possibility of reversing a judge’s original decision.

Small said Loveless only pled guilty in 1992 because she feared she would be executed if she did not. He said authorities as well as Loveless’ own attorneys exaggerated the possibility of a death sentence to someone not in a position to reasonably understand all her options.

Loveless, tried as an adult, did face the death penalty at the time, said Jefferson County Prosecutor Chad Lewis. However, the claim that she had ineffective counsel is easily refutable, he said.

“She had three attorneys, two who were very high-profile with death penalty cases,” Lewis said. “She had a dream team, so to speak.”

Small said other possible defenses were not properly explained to his client and she was in no mental condition to accept the plea.

The second argument Small intends to make applies to how Loveless’ sentencing hearing was handled. He said her rights under Article 1, Section 18 of the Indiana Constitution, which states, “The penal code shall be founded on the principles of reformation, and not of vindictive justice” were violated. Small said after thorough research of records, there is no mention that the code was cited in her sentencing hearing.

If either or both arguments are accepted by the court, Loveless could leave the custody of Indiana State Women’s Prison in Indianapolis, or have a new trial. A decision is unlikely to be rendered Monday, Small said.

“Typically the judge will take this kind of case under advisement and then each side has to submit documents,” Small said. “It could take 30 days for any special finding to be entered.”

Two of the other three teens convicted in the Sharer murder have been freed. Madison resident Toni Lawrence, 15 at the time of the murder, was released in 2000 after serving almost nine years of a 20-year criminal confinement sentence. Hope Rippey, also from Madison and 15 at the time of the murder, had her murder sentence reduced to 35 years. Her original sentence was 60 years with 10 suspended. Rippey was released from prison last year.

Mary “Laurie” Tackett, 17 at the time of the murder, was also from Madison but spent most of her time with Loveless in New Albany and Louisville. Tackett was also sentenced to 60 years in prison, but has not entered an appeal.

“Out of that entire group, it is both my opinion and the opinion of Shanda’s mother that she, Miss Tackett, is the most remorseful,” Lewis said. “She has seemed to simply accept her sentence and is willing to just serve the time.”

Sharer’s father, Steve, died in 2005. Jacque Vaught, Sharer’s mother, did not return a phone call seeking comment before deadline Saturday.

Vaught told WLKY-TV in Louisville, The Evening News and Tribune’s newsgathering partner, the only thing she ever wanted since her daughter’s murder was for all four girls convicted to serve their full sentences.

“Every single one except Laurie Tackett has done everything they can at every turn to get out,” Vaught said. “To me it’s more than a slap in the face. It’s just like killing Shanda all over again.”

Small said Loveless is remorseful, but that does not relate to his planned arguments Monday and declined to comment further. He also declined comment on what Loveless planned to do with her life if freed from prison.

Though theoretically Loveless could be almost immediately released if the judge vacates the entire conviction, Lewis said he feels that would be unlikely to happen.

“I don’t believe this court would do that,” Lewis said. “I didn’t prosecute the original case, but I feel Miss Loveless had the best legal team and also had a proven benefit to pleading guilty to the charges in that she avoided the death penalty.”