STATISTICS: The 635 killers who were executed between 1998 and 2005 had murdered at least 1315 people. That is an average of 2.07 victims per executed killer. 2005 Scheduled Executions There were 60 killers executed in 2005. They murdered at least 116 people. It is still true today that the appeals process takes 20-25 years from the crime until the execution.

THE APPEALS PROCESS: The first appeal is filed with the state court of appeals and is based on issues developed from the original trial record. If granted, the case is sent back to the district court for acquittal, retrial or rehearing but the state can appeal the reversal. If denied, the convicted can appeal to the US Supreme Court asking for a "certiorari" review. If denied, this ends the "direct appeal". A person sentenced to death is then entitled to seek state habeas corpus review, which is basically just an additional appeal. It differs from the direct appeal in that the defendant may now raise claims based on facts outside the trial record and they must be claims that could not be raised in the direct appeal. These usually consist of claims of ineffective assistance of counsel. This appeal is filed with the trial court but reviewed by the state appeals court also. If the state habeas corpus review is denied, the inmate can appeal to the US Supreme Court. Then the Federal habeas appeals begin when the inmate files a petition for habeas review with the US District Court that oversees that area. (Donald Ray Wallace Jr.'s habeas corpus took 9 years) If the writ of habeas corpus is denied by the District Court, the appeal can then move to the US Circuit Court. If the Circuit Court denies the appeal, the inmate can again ask the US Supreme Court for certiorari review. As with certiorari after the direct appeal, the US Supreme Court rarely agrees to hear and consider such cases. If denied a hearing from the US Supreme Court, an execution date is set and the final appeal left to the defendant is to ask for clemency or commutation from the governor and/or the parole board of the state. If this is denied, the execution is carried out, unless another court intervenes for some reason. Donald Ray Wallace Jr. committed the crime in 1980, he was executed in 2005. 25 years after the crime.

I have continued to press the Government about delays in our justice system and for the continuance of the violent crime assistance programs. I will also continue to let the Government and the public know the havoc, suffering, pain, agony and continued stress these heinous crimes create for the victim. I will debate to reduce public displays from criminals and their rights to a public forum for protests and non-issues while incarcerated.

The Senate will debate soon on two very critical and important issues for victims...

The Appeals Process and the Victims of Crime Act (VOCA). We should also debate the rights of the criminal after being proven guilty of heinous crimes and the rights for the victims. There needs to be change. Change in our system that will place victims ahead of criminals.

The criminal should in no way take precedence over the victim.

As I listen, watch and read about the many innocent beautiful people who are murdered and the victims of violent crime left behind, I see there has been very little that has changed for the victims.

The Donald Ray Wallace Jr.'s and the Scott Peterson’s continue to be in the news from death row. Appeals still continue for 20+ years and the victims continue with the agony of reliving the pain year after year.

The responsibility is left for loved ones to keep the Gilligan’s, the Laci’s and the Connor's in the minds of everyone so they will not forget the horrid and heinous crime committed.

Whether it was 25 years ago or yesterday, we as victims should speak out for our welfare and the legend of our loved ones. They were not simply statistics; they were human beings with futures and lives that were tragically snuffed out too soon. I am but one voice...but I am a strong voice, I am a voice for victims and victims’ rights.

The Wallace case set precedence for several laws that have been passed, but is a prime example of the way in which the present system still reacts to death row inmates and victims of violent crime. It still holds true that most death penalty crimes have 20-25 years of waiting for any resolution.

My primary question is... How can anyone continue for 25 years to victimize from death row/prison and continually ask for additional rights?

Instead of the millions of dollars spent on criminals, there should be a time limit on appeals, and there should be a final decision if the death penalty should be carried out or not enforced.

There should be a victims relief program not with any statutes or an enormous set of rules and regulations in order to qualify. There should be victims compensation for years of support for the victims that endure suffering and financial distress. If victims need grief counseling or help with the expense of burying their loved ones, they should be compensated. Many financial burdens from the crime are now placed on the victim, which leaves them with more pain, suffering and financial distress.

The government goes to extreme measures and extraordinary expense to protect the rights of criminals, especially those convicted of the most heinous crimes involving murder and crimes against children. Significantly less is spent helping those most affected by the crimes to rebuild their lives.

As individuals, survivors go unnoticed. As a collective group the number of people affected by these crimes is staggering. This is the voice that can make a difference.

The cost of the penal system and any victims relief should come from a self sustaining correctional process.

It should not be unreasonable or any violation of prisoners rights, but a reasonable expectation, that incarcerated criminals be sufficiently productive to support the correctional facility, as well as, to provide relief to the victims. This would end burden of crime victims and taxpayers supporting criminals over the many years of prison life.

Perhaps it would be a greater deterrent to crime if a person knew they would be forced to work and not be allowed to keep the money that they had earned. The price of their crime would then have a monetary value. There should also be the denial for absurd protests now given to violent criminals after being proven guilty of heinous crimes. Their rights to frivolous protests should cease once they are imprisoned.

Diana Harrington Author of SURVIVING THE DEATH PENALTY... Book Description

This is the true story of one of the most heinous crimes committed in Indiana...the Patrick Gilligan Family... The crime, the criminal Donald Ray Wallace Jr., the victims and the unrest this death penalty wait held for 25 years. It is a parallel story of both the criminal, the victims and their lives. This story is not only about a cold blooded crime, but also about the journey one travels as a victim. This is the story from the initial crime to its conclusion, with twists & turns that most average people seldom understand or endure. This book tells of the Death Penalty wait for both the criminal and the victims and how their lives are forever intertwined. Stories such as this one are few and far between. Crimes happen in the millions but the victims story, along with the criminal's story, are often not told in their entirety