On May 1, 2005, Judge Steve David granted Zolo's motion to bar the State of Indiana from seeking the death penalty for the third time. The Court found that the 24+ year delay between the offense and the scheduled sentencing hearing in January, 2006, "has significantly compromised Defendant's Constitutional protections and as a result prejudice will result in allowing the State to proceed with the death Penalty after so much time has elapsed." The Court went on to state that "fundamental principles of fairness, due process, and speedy justice warrant this court prohibiting the State to seek the death penalty against this Defendant in this case under these circumstances."

Although the State has the right to appeal and probably will, we must now launch a campaign to urge the State not to appeal this historic and unprecedented ruling. Contact Lake County Prosecutor Bernard carter and urge hism not be appeal. Phone 219-755-3720 or fax 219-755-3642

The full text of the judge's order is in the pdf document below.