Triple murder suspect Wayne Kubsch to be retried
The St. Joseph County Prosecutor's Office has filed notice of its intent to retry Wayne Kubsch on three counts of murder. The Seventh Circuit Court of Appeals overturned his conviction last year.
Kubsch was convicted in 2005 of the 1998 murders of his wife Beth Kubsch, 11-year old Aaron Milewski and Beth's ex-husband Rick Milewski. He was sentenced to death.
After the conviction was overturned in September 2016 by the court of appeals, the prosecutor's office asked for the Supreme Court to hear the case.
In May 2017, the court declined to hear the case.
After the Supreme Court refused to hear the case, the appeals court issued a mandate the state had to take steps to retry Kubsch within 120 days, or he could be released.
The prosecutor's office included in the notice the steps it has taken to retry the case, including assigning a paralegal to the case full time, interviewing counsel, digitizing discovery documents and contacting all witnesses.
The state is asking Kubsch be returned to St. Joseph County to assist with his defense.
This will be the state's third trial against Kubsch.
He was originally convicted and sentenced to death in 2000. The Indiana Supreme Court overturned that conviction and ordered a new trial.
He was retried and sentenced to death in 2005. That is the case that was overturned last year.