Hilma Marie Witte

Case record: Hilma Marie Witte

Names and identifiers

• Hilma Marie Witte (also known as Hilma “Marie” Witte; “Marie”).
• Paul Witte (husband of Hilma Witte).
• Elaine Witte (stepmother-in-law of Hilma Witte; also described as Paul Witte’s mother).
• John “Butch” Witte (son of Hilma Witte).
• Eric Witte (son of Hilma Witte).
• Margaret O’Donnell (mother of Hilma Witte; also described as Elaine Witte’s family member who allegedly aided in disposal).
• Doug Menkel (friend of Eric Witte who testified about disposing of Elaine Witte’s body).
• Thomas Webber (Porter Superior Court judge).
• Donald D. Martin (LaPorte Superior Court senior judge).
• Dan Berning (prosecutor in Porter County).
• William Herrbach (LaPorte deputy prosecutor).
• Scott King (defense attorney referenced in sentencing proceedings).
• John O’Brien (writer of Chicago Tribune articles referenced in the case record).
• Ed Baumann (writer of Chicago Tribune articles referenced in the case record).
• Thomas P. Wyman (writer of Associated Press item referenced in the case record).
• Ken Kosky (writer of an item referenced in the case record).

Timeline

• September 1, 1981 — Paul Witte was shot and killed in Beverly Shores, Porter County.
• 1981 — Hilma Witte conspired with her teenage sons to kill Paul Witte; it was later described as being investigated and reclassified as murder after the later killing of Elaine Witte.
• May 24, 1985 — John “Butch” Witte (16) admitted in LaPorte County Superior Court that he killed his grandmother with a crossbow in January 1984 and that he acted at the urging of his mother.
• June 3, 1985 — Hilma Witte was arraigned on charges of murder and attempted murder in her husband’s death.
• June 13, 1985 — Coverage described the family homicide case; John “Butch” Witte pleaded guilty to voluntary manslaughter in connection with Elaine Witte’s death and awaited sentencing.
• June 21, 1985 — John “Butch” Witte was scheduled for sentencing in LaPorte County after pleading guilty.
• November 13, 1985 — John “Butch” Witte testified in the trial of his mother, Hilma Witte, regarding the crossbow killing of Elaine Witte.
• December 20, 1985 — Hilma Witte was sentenced to consecutive terms totaling 90 years: 60 years for murder and 30 years for conspiracy to commit murder.
• February 12, 1990 — The Indiana Supreme Court described the jury trial and affirmed the conviction.
• December 8, 1987 — Another Indiana Supreme Court decision referenced a conviction of murder and attempted murder with sentencing to concurrent terms of fifty (50) years.

Background

Hilma Marie Witte had two teenage sons, John and Eric Witte. The case record described an extensive history of family problems, including an abusive father, drugs and alcohol abuse, and financial problems. During the summer of 1981, she resolved that Paul should be killed; she was described as thinking the property settlement she could expect from a divorce would be inadequate and as having financial problems connected to a loan used for other purposes.

In 1981, she conspired with her sons to kill her husband, Paul Witte, while he slept on a sofa. In the later court description of the events, she ordered her son Eric to shoot Paul while he slept. The record also described efforts by Witte and others to poison Paul, which did not succeed.

After Paul Witte’s death, in 1982 Hilma Witte moved with her two sons to live with her elderly mother-in-law, Elaine Witte. During this period, she discussed with her sons various ways they might kill Elaine Witte and forged Elaine Witte’s signature on Social Security checks, which she cashed. She and her sons discussed poisoning, strangling, pushing the victim out of a window, and shooting the victim. On several occasions, poison was put in Elaine Witte’s food and drink.

Hilma Witte’s mother, Margaret O’Donnell, was also described in the record as knowing of the plot and allegedly aiding in the disposal effort.

The offence

Killing of Paul Witte (1981)

Paul Witte was killed in Beverly Shores, Porter County, on September 1, 1981, in a described incident involving Eric Witte shooting him in the head while he was sleeping on a living room sofa. At the time, the death was ruled accidental in at least one narrative described in the case record, based on Eric’s statements that he tripped or stumbled and accidentally discharged the gun.

The later court description stated that the conspiracy was for Hilma Witte and her two sons to kill Paul Witte. It stated that Hilma Witte ordered her son Eric, who was sixteen at the time, to shoot Paul while he slept on the sofa.

Killing of Elaine Witte (crossbow murder; January 1984)

Elaine Witte, aged 74, was fatally shot by a crossbow arrow after she discovered that a family member had been siphoning money out of her bank account. Hilma Witte was described as masterminding a family conspiracy to kill Elaine Witte and then spending months helping to dismember the body.

Hilma Witte awakened her youngest son John and ordered him to kill Elaine Witte on January 8, 1984. The record described John complying by shooting his grandmother in the rib cage with a crossbow.

The case record described that after Elaine Witte’s death, Hilma Witte continued cashing her Social Security checks. The record also described destruction and disposal methods involving:

• A saw, knives, and a chain saw to cut up the body.
• A trash compactor and a garbage disposal to destroy some parts.
• Acid used to dissolve some of the bones.
• Body parts stored in garbage bags in a freezer.
• Remains discarded in Indiana, Illinois, and California.
• Additional descriptions of family members tracking down and arresting in California on charges related to forging and cashing Elaine Witte’s Social Security checks.

Investigation

The case record described that after Paul Witte’s death, authorities initially ruled it accidental and closed the investigation at that time. The investigation was reopened on November 14, 1984 as a result of an investigation into the death of Elaine Witte in LaPorte County.

John made a statement to police concerning Paul Witte’s death. Margaret O’Donnell made a new statement. Eric admitted his involvement in Paul Witte’s death, and each of John, Margaret O’Donnell, and Eric stated that Eric shot Paul while Hilma Witte was absent from the home.

In the Indiana Supreme Court’s later description of the facts relevant to the trial, it stated that the only foreign substance found in Paul’s body was acetaminophen, commonly known as Tylenol.

Arrest and legal proceedings

Forgery/cashing of Social Security checks (federal court)

The case record stated that Hilma Witte was sentenced in federal court in California to 10 years in prison for forging Elaine Witte’s signature to cash Social Security checks.

A separate description stated that on April 8 a federal judge in San Diego sentenced Hilma Witte to 10 years in prison and fined her $10,000 for forging and cashing $1,135 in Social Security checks stolen from her mother-in-law.

Charges across jurisdictions and sentencing decisions

The record described that one murder was tried in Porter County and the other in LaPorte County, requiring different judges for separate proceedings regarding sentence modification.

It also described that:

• John faced sentencing after pleading guilty to voluntary manslaughter regarding Elaine Witte’s death.
• Eric had pleaded innocent to murdering his father.
• John and Eric were imprisoned for their roles as described in the case record.
• Charges against Eric and Hilma Witte’s mother in LaPorte County were described as pending in one part of the case record, and Eric was described as having been charged with murder in Porter County in his father’s death but not yet tried.

Trial

Trial for murder and conspiracy to commit murder (Elaine Witte)

The Indiana Supreme Court described that a jury trial resulted in conviction of appellant of Murder and Conspiracy to Commit Murder. It stated the appellant received:

• 60 years on the murder count
• 30 years on the conspiracy count
• with sentences to run consecutively

The case record also described evidence and arguments raised during that trial, including:

• The admission of evidence of the killing of Paul Witte as tending to prove a common scheme and plan.
• Discussion that poison was attempted before the shootings.
• Use of a common plan theory: poison attempts followed by ordering sons to shoot the victims.
• Testimony of Doug Menkel, who assisted Eric in disposing of Elaine Witte’s body and transported remains in an ice chest from Indiana to California. Menkel testified that "Yes, it had a lot of white worms on it and some small flying black bugs."

The Indiana Supreme Court decision also described a prosecutor remark during testimony about mistrial:

• The prosecutor remarked: "Well, we're not interested in prejudicing any more guilty persons than we are any other guilty person." The trial court admonished the jury to disregard the remark. The Indiana Supreme Court stated it could not see how the admonishment would not cure any possible prejudice and found no error.

The Indiana Supreme Court addressed appellant’s claims about sufficiency of evidence as to the cause of death as alleged, stating it found the evidence overwhelming and sufficient to sustain the verdict.

Sentencing

On December 20, 1985, Hilma Marie Witte received consecutive terms:

• 60 years for murder
• 30 years for conspiracy to commit murder

A related sentencing discussion described that the judge ordered consecutive terms of 60 years for murder and 30 for conspiracy to commit murder.

The case record also referenced a federal sentence imposed earlier (10 years for forging/cashing Social Security checks) and an allegation that she would be turned over to federal authorities to serve that sentence after she had been sentenced in Porter County for Paul Witte’s death.

The case record also stated that she was sentenced to life 90 years in prison on December 20, 1985.

Appeals

Indiana Supreme Court (affirmation of murder and conspiracy conviction)

The Indiana Supreme Court decision (No. 46S00-8810-CR-887) dated February 12, 1990 described that the trial court was affirmed. It also addressed and rejected claims, including:

• Error in allowing evidence of the unrelated offense (killing of Paul Witte)
• Claims regarding testimony of Doug Menkel
• Claims regarding prosecutor comments and denial of mistrial
• Claims regarding sufficiency of evidence
• Claims regarding amendment of conspiracy dates
• Claims regarding admission of events beyond the conspiracy date
• Claims regarding double jeopardy (conviction for both murder and conspiracy)
• Claims regarding consecutive sentencing
• Claims regarding jury sequestration and admonishment requirements

The decision included a dissenting opinion by DeBRULER, Justice, which stated that evidence of the killing of the husband was not admissible and that it would remand for a new trial on both charges, or in the alternative to set aside the conviction and the sentence for conspiracy. It also described why the dissent believed the erroneous admission was not harmless.

Indiana Supreme Court (other appeal content referenced)

The case record also included another Indiana Supreme Court decision (No. 64S00-8605-CR547, 516 N.E.2d 2) dated December 8, 1987, which described that defendant-appellant Hilma Marie Witte was found guilty by a jury of murder and attempted murder and was sentenced to concurrent terms of fifty (50) years. It outlined five issues raised on direct appeal:

1. restricting cross-examination of State’s witnesses
2. alleged giving of additional instructions to the jury during deliberations
3. refusal to give tendered instruction on self defense and defense of others
4. sentencing (including consecutive sentences requirements)
5. sufficiency of the evidence

It stated that the cause was remanded to the trial court with instructions to correct the sentencing and affirmed in all other respects.

Outcome

Hilma Marie Witte remained in prison after seeking sentence modification. Both Porter Superior Court Judge Thomas Webber and LaPorte Superior Court Senior Judge Donald D. Martin denied sentence-modification requests. The record stated that Witte had served about 14 years in prison at the time of those denials and had earned a bachelor of arts degree while in prison. The judges weighed favorable reports from the prison system but placed weight on prosecutors’ positions that release would not be in the best interest of justice.

The record stated that Witte was not due to be released from Indiana Women’s Prison in Indianapolis for another 29 years.

Aftermath and additional details

• The record described that Hilma Witte’s petition for sentence modification stated:
  • "She has, through therapy, counseling, groups, education, time and self-introspection overcome the issues in her life which brought her to prison."
• It also described that she stated in her petition:
  • "There is no excuse for resorting to violence regardless of the circumstances"
  • and that she "deeply regrets those actions."
• The record included quotations attributed to William Herrbach, including:
  • "the coldest lady I could ever recall during a trial."
• The record included a quotation attributed to William Herrbach in connection with seeking the maximum sentence:
  • "We're talking about a cold, calculating vicious conjuring of a plan and waiting until this senior citizen was at her weakest moment, lying in her bed,"
  • and "She (Mrs. Witte) has not repented, she has no remorse, and she has shown no remorse,"
• The record included a quotation attributed to Dan Berning describing the judges’ decision to deny the sentence modification as an “appropriate ruling,” and a quotation attributed to William Herrbach that she did not deserve to ever be released because of the murders and because she ruined her sons’ lives through her ability to manipulate them.
• The record included John “Butch” Witte’s testimony quoted verbatim:
  • "My mom said I could strangle her or use my crossbow,"
  • "It was up to me."
  • "wanted to help my mom out"
  • "Don't worry about killing Elaine."
  • "So we wouldn't have to go through the same thing my brother did--a police investigation."
  • and he conceded on cross-examination that when he and other family members were arrested in California, he told an FBI agent that the death of his grandmother was an accident in which his mother had no part.
• The record described that Defense attorney Scott King said Hilma Witte continues to insist she is innocent and contended that the prosecution had dealt more leniently with other family members equally involved in the crime.
• The record described that state agreed to accept a plea from Eric to a charge of assisting a criminal for his role in the disposal of Elaine Witte’s body, and that Hilma Witte’s mother, Margaret O’Donnell, was charged only with assisting a criminal, with charges pending in LaPorte County.
• The record described that Eric had been charged with murder in Porter County in his father’s death but had not yet been tried at the time of one of the earlier reporting summaries.
• The record described that one of the murders involved a victim whose body was dismembered and never located.