CROWN POINT | A judge ordered a 42-year-old Gary man to stand trial early next year on death penalty murder charges that he killed his wife and two children.
Lake Criminal Court Judge Thomas Stefaniak also formally committed the public to pay for part of the trial's expense but warned Kevin C. Isom's attorneys there is a limit to what he will allow.
"I have to balance the taxpayers' interests with the defendant's rights to a fair trial. I don't want to open the county's checkbook to be pillaged by defense experts," Stefaniak said.
Isom, a former security officer, has pleaded not guilty to charges he fatally shot his wife of 12 years, Cassandra Isom, 40, and her two children, Michael Moore, 16, and Ci'Andria Cole, 13, on Aug. 6, 2007, at the family's Lakeshore Dunes Apartments in Gary's Miller section.
Stefaniak ordered Isom's trial to begin the week of Feb. 22.
Capital murder defendants are typically represented by the public defender's office because such high stakes cases require such expensive pretrial preparation that involves hiring at least two attorneys and a stable of defense investigators and experts. The courts have overturned death penalties because of poorly prepared defense strategies.
Veteran defense lawyers Nick Thiros and Alison Benjamin are defending Isom as private attorneys, but Thiros asked the judge to order the state to pay for a psychologist to examine whether Isom was insane at the time of the crime and a mitigation expert to look into Isom's background for mitigating factors that would be used to argue against Isom's execution if he is convicted.
Thiros said earlier Isom doesn't believe he killed anyone because he has no memory of the day, although he has reported seeing "disturbing images of brutality."
Police said neighbors heard shots in the defendant's and victims' apartment and a young girl shouting, "Daddy, don't do that." Police said someone fired shots at officers responding to the call before officers broke in and found the victims dead and Isom with a head wound inside.
Benjamin said the psychologist may cost $2,500 to $3,500 for the initial examination and an extra $1,800 each day if required to testify in court on his findings. The mitigation expert may be paid as much as $140 per hour.
Lake County public defender David Schneider said his office has plans to spend at least $200,000 in local tax dollars for death penalty defense involving this and other cases to be filed.
Stefaniak has scheduled a pretrial hearing Dec. 8 to determine whether to suppress a statement Isom made to police after the killings. The defense is arguing the confession wasn't voluntary and question the authenticity of Isom's signature on the confession.
