04192013 - News Article - McCowan seeking to toss out conviction/sentence

McCowan seeking to toss out conviction/sentence
NWI Times
April 19, 2013 - 8:00 pm
nwitimes.com/news/local/porter/wheeler/mccowan-seeking-to-toss-out-conviction-sentence/article_4c559ef4-c6b0-5152-9ed4-980dae989a79

VALPARAISO - A public defender brought in to handle the appeal for convicted murderer Dustin McCowan is seeking to toss out the conviction and/or 60-year sentence because Porter Superior Court Judge Bill Alexa did not step aside after learning about a telephone call with McCowan from the jail that includes derogatory and threatening remarks about the judge.

The original defense attorneys, who did not learn about the recorded call until Alexa made reference to it during the March 28 sentencing, would have asked the judge to recuse himself had they been made aware of it ahead of time, said attorney Mitch Peters.

Alexa mentioning the call during sentencing indicates "a personal prejudice and animosity against the defendant inspired by said conversation," Peters wrote as part of his motion to correct errors filed Thursday.

Alexa said at sentencing that the call by McCowan at the jail included a comment that prosecutors would have to experience the murder of their own children to understand what the McCowans were going through.

No hearing had been set on the motion as of Friday.

Peters argues that state trial rules say that "the court, if it determines that prejudicial or harmful error has been committed, shall take such action as will cure the error." The potential remedies include a new trial or modifying the original judgment.

Peters said this motion to correct errors is a prerequisite for appeal when addressing newly discovered evidence that could not have been discovered at the time of trial. He reserves the right to take up other issues on direct appeal, but first must review the record considering he did not represent McCowan at the time of trial.

Those original defense attorneys — John Vouga and Nicholas Barnes — submitted a sworn affidavit supporting the claims that they were not made aware of the recording before the sentencing hearing and would have asked Alexa to recuse himself had they been provided a copy ahead of time.

A jury found McCowan guilty in February of shooting his former girlfriend, 19-year-old Amanda Bach, of Portage, in the throat during the early morning hours of Sept. 16, 2011, after she showed up at the Union Township home he was living in at the time with his father.

Bach's partially clothed body was found the next day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks.

McCowan, 20, who has maintained his innocence, has been transferred to the Pendleton Correctional Facility to begin serving his time. He is listed on the DOC's online offender search site with a release date of Sept. 17, 2041.

04162013 - News Article - McCowan transferred to begin serving 60-year term for murder

McCowan transferred to begin serving 60-year term for murder
NWI Times
April 16, 2013 - 1:00 pm
nwitimes.com/news/local/porter/wheeler/mccowan-transferred-to-begin-serving—year-term-for-murder/article_93678dbf-a71d-5ef7-87a6-3265c1aaffe6

VALPARAISO - Less than three weeks after being sentenced to 60 years for murdering his former girlfriend, Dustin McCowan has been transferred to the Pendleton Correctional Facility to begin serving his time.

The prison is one of four maximum-level facilities in the state, which are used to house inmates with long sentences, said Douglas Garrison, chief communications officer with the Indiana Department of Correction.

McCowan, 20, is listed on the DOC's online offender search site with a release date of Sept. 17, 2041.

This reflects the earliest date he would be released if his behavior remains good and he earns a day off for each day served, Garrison said. The release date could come even sooner if McCowan shaves more time off by taking part in educational or other programs.

The county's public defender office has been assigned to file an appeal on McCowan's behalf, in an attempt at getting a reduced sentence or having his conviction set aside.

Garrison said legislation is pending before state lawmakers that would increase the amount of time served by giving inmates the opportunity to earn one day off for every three days of good behavior. Any changes would not apply to McCowan.

A jury found McCowan guilty in February of shooting 19-year-old Amanda Bach, of Portage, in the throat during the early morning hours of Sept. 16, 2011, after she showed up at the Union Township home he was living in at the time with his father.

Bach's body was found the next day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks.

McCowan, who has maintained his innocence, declined the opportunity to testify during his nearly monthlong trial or to address the court at sentencing, other than saying, "I don't think the court deserves it, your honor."

04052013 - News Article - No charges will be filed against Elliott McCowan in Bach murder

No charges will be filed against Elliott McCowan in Bach murder 
NWI Times
April 05, 2013 - 9:35 am
nwitimes.com/news/local/porter/valparaiso/no-charges-will-be-filed-against-elliott-mccowan-in-bach/article

VALPARAISO - No charges will be filed against Elliott McCowan, the father of convicted murderer Dustin McCowan, in the death of Amanda Bach.

Sgt. Larry LaFlower, Porter County Sheriff's Department's public information officer, issued a statement Friday morning saying the decision has been made not to pursue charges against the elder McCowan. He said the decision was reached by his department and the Porter County prosecutor's office because there is no probable cause at this time.

That, he said, will end the investigation into any possible role Elliott McCowan may have played in Bach's death or in the attempt to cover up the murder.

LaFlower said the investigation could be reopened if his department receives new information in the case.

Elliott McCowan is a Crown Point police officer.

Dustin McCowan was sentenced to the near-maximum 60 years in prison for the Sept. 16, 2011, murder of his former girlfriend, Bach, of Portage. Bach was 19 at the time of her death.

Dustin McCowan, 20, was sentenced March 28 after being convicted of shooting Bach in the throat during the early morning hours after she showed up at the Union Township home he was living in at the time with his father. Bach's body was found the following day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks. 

04042013 - News Article - Day of beauty fund-raiser honors Bach, raises awareness

Day of beauty fund-raiser honors Bach, raises awareness
NWI Times
April 04, 2013 - 8:08 pm
nwitimes.com/news/local/porter/valparaiso/day-of-beauty-fund-raiser-honors-bach-raises-awareness/article_0712175d-b5b3-5b07-bad3-7612f8ca43d7

VALPARAISO - Anna McDonald hopes a day of beauty will not only honor the memory of Amanda Bach but also will bring awareness to dating violence and relationship abuse.

"The main theme for this fundraiser is to educate and provide awareness to families and teenagers about the warning signs of relationship abuse and that help is available," said McDonald, a Mary Kay director.

"Quite often, victims of abuse - especially mental and verbal - mistakenly accept the directed behavior as ‘normal’ or ‘no big deal’ because it is coming from someone they trust, maybe even someone they thought that they loved at one time."

Dustin McCowan was recently sentenced to a near-maximum of 60 years in prison for the Sept. 16, 2011, murder of Amanda, who was his former girlfriend.

A presentation based on the "Don’t Look Away/Love is Respect" campaign will be part of the fund-raiser from 8 a.m. to 4 p.m. Saturday April 20 at St. Andrew’s Episcopal Church, 505 Bullseye Lake Road.

"A main informational point of this presentation includes the discussion of an anonymous telephone hotline where victims of abuse can call and receive free advice from peers outside of their social circle. The anonymous hotline provides an avenue of hope to victims, especially teenagers, who are too embarrassed or scared to discuss their concerns with parents," McDonald said.

The event will also include complimentary skin care sessions, a silent auction, raffle and refreshments. There is no cost for the pampering sessions but appointments need to be made by contacting McDonald at (219) 508-8790

All proceeds from the sale of Mary Kay products and the silent auction/raffle and contributions will be donated. Half will go to the church and half will be given to Valparaiso’s The Caring Place, which provides services and shelter for victims of domestic violence and sexual assault, per the request of Sandy and Bill Bach in memory of Amanda.

McDonald said she and her husband, Eric, decided to have the fund-raiser to assist Amanda’s parents in continuing to honor their daughter as the Bachs were good friends and neighbors of Eric from 2002-06.

"Amanda and her sister spent a lot of time playing with Eric’s daughter during that time," she said. "Needless to say, it is very hard to comprehend losing a daughter … a vibrant, beautiful young lady with such a bright future and zest for life.

"As parents, all of us are heartbroken and crushed that something this horrific could happen to somebody’s child - especially a friend’s child - and from our local community. It hit close to home because it happened to someone we knew very well, and her life was stolen from her by someone she knew, someone that she trusted."

McDonald said as a Mary Kay director, the day of beauty event was the one way she felt she could help.

"We want to help teenagers realize that any form of abuse, mental or physical, is never OK," she said.

Those who cannot attend, but wish to donate should contact McDonald at (219) 508-8790

For Mary Kay's 50th anniversary, there is a limited edition compact with a Swarovski crystal that is at the center of the "Love is Respect/Don’t Look Away" campaign with $1 from the sale of each compact going to help fund it.

04012013 - News Article - For murder trial testimony, man gets jailtime break

For murder trial testimony, man gets jailtime break

NWI Times
April 01, 2013 - 2:15 pm

nwitimes.com/news/local/porter/valparaiso/for-murder-trial-testimony-man-gets-jailtime-break/article_596c751e-cb22-58f5-8b95-c46656324608

VALPARAISO - While Charles Wade was not promised anything for agreeing to testify in February against convicted murderer Dustin McCowan, he was rewarded Monday.

Porter Superior Court Judge Roger Bradford said he considered Wade's cooperation when deciding to suspend seven of the 15 years of prison time Wade was given for a 2010 carjacking.

Bradford also said he had no objection to a request by the defense to allow 29-year-old Wade to continue to be held at the jail in Pulaski County to keep him out of harm's way after cooperating in the Porter County murder case.

Wade pleaded guilty a year ago to felony counts of carjacking and confinement stemming from accusations of abducting his former girlfriend at knifepoint in July 2010 and returned the following day to commit the same offense against the woman and her daughter.

Wade showed up in a different courtroom during the third week of the McCowan murder trial in February to tell jurors how McCowan had told him while they were locked up together he was concerned about police discovering blood and gun powder evidence in connection with the slaying of Portage resident Amanda Bach, 19.

McCowan said he accidentally struck Bach in the nose on the night in question while reaching for her cellphone and some of her blood may have dripped on the carpet of his home, Wade said. McCowan also reportedly told Wade he was getting a sweatshirt for the blood and the sweatshirt may have gun power residue on it from him shooting earlier while wearing it.

Wade said McCowan told him when he realized he still had Bach's cellphone after she left, he discarded it in an abandoned house near where he lived. McCowan said his father later found Bach's phone, Wade said.

McCowan's defense team accused Wade of lying in hopes of easing his sentence in the carjacking and criminal confinement case.

McCowan was sentenced last week to a near-maximum 60 years behind bars for the Sept. 16, 2011 shooting death of Bach, who was his former girlfriend.