Carrie Lynn and Richard Lee "Rick" Howard

Key dates
*May 1988: Carrie Lyn Gaines born at SwedishAmerican Hospital in Rockford.
*March 1990: Carrie Lynn dies after fatal beating at her home on searles Avenue.
*March 1995: Mother Sherri splits up with longtime boyfriend Richard Lee "Rick" Howard.
*October 1995: Anonymous tip leads police to toddler's remains in shallow grave.
*October 1996: Judge releases Carrie Lynn's remains for private funeral.
*September 1997: Jury convicts Howard of first degree murder.
*November 1997: Howard sentenced to life in prison without parole.
*December 1997: Rockford civic leaders deicate a child abuse center named in Carrie Lynn's memory.
*May 1998: Sherri petitions to regain custody of two other children.
*June 1999: The Illinois appellate Court overturns Howard's conviction and orders a new trial.
*October 1999: The illinois supreme Court refuses to hear prosecutors' appeal and allows the Appellate Court order to stand.

Ruling means new trial in Carrie Lynn's death
Thursday, Oct. 7, 1999
The Illinois Supreme Court lets stand a decision that prejudicial testimony led to the murder verdict.
Rockford Register Star
The man convicted of killing 22 month old Carrie Lynn Gaines in 1990 will get a new trial, now that the Illinois Supreme Court has refused to second guess an appellate Court decision in the case. The Appellate Court ruled in June that the trial of Richard Lee Howard should not have included testimony intended to portray the little girl's mother, Sherri, as a battered woman. The Supreme Court gave no reason for rejecting the appeal. Howard was found guilty in 1995 of kicking and battering Carrie Lynn Gaines to death and burying her body in the back yard, where it lay undiscovered for five years until police were alerted by an anonymous note. To bolster the credibility of sherri as the principal witness against Howard, prosecutors elicited testimony to the effect that she was too afraid of her boyfriend to protect her daughter or to report her slaying. The Appellate Court said that testimony was prejudicial and "not relevant" to the murder charge against Howard.
Winnebago county State's Attorney Paul Logli said wednesday that he and his staff "still have the evidence to prove Mr. Howard guilty beyond a reasonable doubt." The 44 year old Howard, who was sentenced to life in prison, will be transferred from the state penitentiary to the Winnebago County Jail to await trial.

High court refuses Carrie Lynn case
Thursday, Oct. 7, 1999
Man convicted of local toddler's murder wins retrial
Rockford---The man found guilty of beating 22 month old Carrie Lynn Gaines to death in 1990 was assured a new trial Wednesday when the Illinois supreme court refused to hear an appeal from Winnebago County prosecutors. As is its custom, the state's high court issued the ruling without explanation, simply ordering authorities to follow the prior instructions of the Illinois Appellate Court, which granted Richard lee "Rick" Howard a new trial. "You never know why. You just get a one lin order," said Martin Moltz, an Appellate prosecutor in Elgin. "That's what's so frustrating. We'll never know how close we came."
The Appellate Court ordered the new trial in June after ruling that a judge should not have allowed a psychologist to testify that Carrie Lynn's mother -- the state's star witness--- also suffered beatings at the hand of Howard. For Howard, the decision means a new lease on life. The 44 year old former church janitor, once facing a life sentence, will be transferred within the month from the state penitentiary to the Winnebago County Jail, where he will help his lawyers prepare a new defense.
But for Sherri's family and the Rockford community, the decision means reliving the horrors of a brutal crime that went undiscovered for five years. "I guess it will come down to her word against his," said Lisa Tomasino, executive director of the Carrie Lynn Children's Center, which was formed in 1997 to help young victims of sexual and physical abuse. "We can only hope that this jury sees Rick Howard for who and what her is." Policed unearthed Carrie Lynn's skeletal remains Oct. 24, 1995, from a back yard in Howard's old notrthwest side neighborhood. A pathologist at Howard's first trial testified that the toddler had several broken bones in various stages of healing indicating she was beaten several different times. Sherri, who helped Howard hide the death until an anonymous note led police to the body, testified that Howard was in a drunken rage when he kicked the toddler and hurled her into a wall. Sherri was spared a potential jail term when prosecutors realized she could not be charged under Illinois law with concealing the 5 year old homicide. The Winnebago County state's attorney's office later called her to testify against her former boyfriend, and took great lengths to repair her credibility as a witness.
Assistant State's Attorney mark karner called a psychologist to testify that Sherri suffered from a disorder called "battered woman syndrome," which terrorizes it's victims so thoroughly as to render them incapable of defending themselves or their loved ones. The Appellate Court said the testimony was "not relevant" to whether Howard killed Carrie Lynn and could have potentially prejudiced the jury. Karner now will have to reprove his case without the aid of the psychologist's testimony---testimony that one former juror said was necessary to convict Howard. "The Appellate Court opinion certainly takes away a certain portion of our case," said Winnebago County State's Attorney Paul Logli. "Trying a case for a second is never easier. Most certainly, it's harder. "But we believe we still have the evidence to prove Mr. Howard guilty beyond a reasonable doubt." Logli would not say whether authorities have gathered any new evidence for the new trial, but he said Sherri and several other witnessess have agreed to testify a second time.
Significant case
In their appeal, Moltz and appellate prosecutor Richard London had argued that the Appellate Court ignored case law that entitled prosecutors to bring up battered woman syndrome if a defendant's attorneys attacked their witness's credibility.
"This is such a significant case," Moltz said. "If I was a Supreme Court judge sitting on the Rick Howard case, I would hear the case no matter what else is out there just because of the issues."
Their arguments, however, failed to convince the court, which decided to hear only 23 of 617 statewide requests for appeals since summer. "If it's important enough, they'll take it," said Supreme Court Justice Moses harrison, one of seven justices who considered taking the case. "But the court can't just say, 'The Appellate Court made an error.' It has to have some precedential value." Harrison conceded that the Supreme Court is more apt to hear an appeal if the Appellate Court appears to contradict itself. But he declined to say why the Howard case was not heard, or address the case in any respect.
"They are considered very carefully, but we're not perfect," Harrison said. "sometimes the issues aren't presented clearly. sometimes we miss one we probably should have taken. But if we take too many, we can't do justice to all the cases."
'It's frustrating'
Although "a little disappointed," Logli said the supreme Court's refusal to hear an appeal "was not terribly unexpected." "We thought the chances of having a petition heard were slim to none," Logli said. "It's frustrating to win convictions and see them come back. For some reason, it's happening more often now than any of us can recall." The Illinois Appellate Court is expected to give the case back to the Winnebago County Circuit Court within the month. Officials said Howard will not have to be reindicted, but he will otherwise be treated as a pretrial defendant, meaning attorneys must treat the case as brand new.
Howard's trial attorney, Assistant Public defender David Doll, still could file a motion to have Howard's bond reduced while he awaits trial. Logli promised to fight for a high cash bond or no bond. Winnebago County Chief Circuit Judge Michael Morrison said he will reassign the case to Associate Judge Rosemary Collins, who wversaw the first trial. The Appellate Court blamed Collins for wrongly allowing the psychologist's testimony.
Morrison said Collin's decision "one of hundreds a judge makes in every trial" had no effect on whether she should get the case a second time. "They're most familiar with the case. They know the pitfalls. It's better, in my opinion, to let them try it."

Court formally orders 2 murder retrials
Wednesday Nov. 10, 1999
Rockford---The Illinois Appellate Court formally ordered Winnebago County judges Monday to hold new trials for two men formerly convicted and sentenced for murder.
Rick Howard and James Paige won new trials last month when the Illinois Supreme Court refused to hear appeals from prosecutors whose guilty verdicts were reversed by the Appellate Court. Instructions for new trials were received by the Winnebago County circuit clerk''ss office Monday. Both men should be transferred within the week from state prison to the Winnebago County Jail.
Howard, 44, was convicted in 1997 of beating Carrie Lynn Gaines to death and sentenced to life in prison. Paige, 41, was found guilty of fatally shooting Shiretta Nabors in 1997 and sentenced to 36 years in prison.

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