Trial Pender's trial was held at Marion Superior Court in July 2002, with James Nave as the defending attorney, Larry Sells as the prosecuting attorney, and presiding judge
Jane Magnus-Stinson. Sells was known for his recently failed campaign to become prosecutor of
Hamilton County, in which he had highlighted his success with convicting murderers and violent offenders. Neither Pender nor Hull testified at the trial.
Evidence against Pender Citing the fact that Pender had bought the murder weapon on the morning of the murders and that she later helped Hull dispose of the bodies, Sells told the jury that she had planned the murders and had manipulated Hull into committing them. According to
Indianapolis Star journalist Vic Ryckaert, Sells "likened her influence over Hull to the control
Manson had over his followers, who committed a string of murders in 1969." The "female Charles Manson" tag has stuck to Pender ever since. To prove Pender's guilt, Sells relied chiefly on a letter allegedly sent to Hull by Pender in May 2001 and on the testimony of inmate Floyd Pennington. In the letter, Pender took responsibility for the murder. "I wish I could go back and change the events of that night," said the letter. "Drew was so mean that night. I just snapped. I didn't mean to kill them. It must have been the acid. [...] When you said you would try to take the blame, I knew then that you loved me deeply. At first I thought you would tell, but you stuck to your promise." The letter ended with a postscript: "Destroy this." Forensic Document Examiner Lee Ann Harmless testified the letter had been written by Pender. Defense attorney James Nave contended the letter was a fake. He said that Sarah Pender was no "clever criminal mastermind" and that the murder "was not a cleverly planned criminal act. It was an act of the moment." He argued that Richard Hull had shot Cataldi and Nordman because they were about to cut him out of a big drug deal. Another piece of evidence presented to the jury was the testimony of fellow inmate Floyd Pennington, who had a pen relationship with Sarah Pender for several months. He testified that Pender had admitted her responsibility in the double homicide to him during a meeting they had arranged on September 22, 2001, at
Wishard Hospital. On August 22, 2002, Sarah Pender was found guilty and sentenced to 110 years in prison. Richard Hull pleaded guilty to avoid trial. His defense was that he had been influenced by Sarah Pender at the time of the murder, which was considered at the time by the court as a mitigating factor. He received two 45-year sentences.
Controversies Letter The only hard piece of evidence presented at Pender's trial as proof of her guilt was a letter that she allegedly wrote on May 16, 2001, and sent to Hull. Hull gave this letter to his attorney, who passed it on to Indianapolis detective Kenneth Martinez between September and October 2001. Pender, her lawyers and her supporters have always said that Hull had manufactured the evidence to shift the responsibility of the murder on her. Several elements support this claim: • Richard Hull himself, in a signed
affidavit, has recanted and admitted the letter was a forgery. In it, he has explained that while he was detained at the Marion County Jail, he showed samples of Pender's handwriting to fellow inmate Steve Logan and asked him to write the letter for him, since Logan wrote more like a woman. In return, Hull would provide protection on the cell block for Logan, who was a small white guy. By producing the forged letter, Hull's goal was to get a shorter sentence. However, on May 4, 2004, when he appeared for re-sentencing, the court found as an aggravating factor the notarized affidavit in which he admitted the forgery, since it contradicted his earlier testimonies. The court found "an additional aggravating factor [that arose since the original sentencing], which, actually, is very serious. [Hull] appears to have committed perjury in an effort to help his co-defendant manipulate her way out of a criminal conviction for [the] very serious offenses of murder." While admitting the May 16 letter was a forgery resulted in a heavier sentence for Hull, it was of no benefit to Pender. • Fingerprints from both Hull and Logan were found on the letter, but not those of Pender. • Detective Kenneth Martinez could not find a sealed envelope to match the letter. • Between the alleged time of redaction of Pender's alleged self-incriminating letter (May 16, 2001), and the moment it was given to him by Hull's attorney, September–October 2001, pursuant to a
search warrant, detective Kenneth Martinez seized all jail correspondence between Hull and Pender on July 17, 2001. He did not find the May 16 letter, although Hull allegedly had kept it during that time.
Pennington's testimony At the beginning of September 2001, Floyd Pennington was a habitual offender and violent felon awaiting sentencing on a robbery conviction. He also had a previous record for child molestation, a crime for which he had received a five-year sentence in 1989. On September 20, 2001, he met with Detective Martinez, saying he could arrange a meeting and have Pender admit to him her responsibility for the murders. He had been involved in a correspondence with Pender, which at the time totaled 75 letters. This evolved into a long-distance relationship. After his meeting with Martinez, he wrote to Pender to arrange the date on which she would fake being sick so as to be sent to Wishard Hospital. On September 22, he faked having a kidney problem and both met as planned at the hospital. On September 28, 2001, Pennington gave a statement that he had been able to talk with Pender for three to four hours. He said that when they were left alone for half an hour, Pender admitted to him that she had planned the murders, coerced Hull to kill both Cataldi and Nordman, and that she was present in the house during the murders. Eleven days after agreeing to testify against Sarah Pender, Pennington was sentenced for his robbery conviction. In 2008, he was released and within months he committed rape. In 2006, Detective Martinez moved to Idaho where he worked for the Ketchum Police Department. In 2008, he had to hand over his resignation following an evidence mishandling scandal. In 2009, while helping journalist Steve Miller with research on the Sarah Pender case, former prosecutor Larry Sells became aware of the existence of a "snitch list" written by Floyd Pennington and given to Detective Ken Martinez. On that list, Pennington, who was waiting for sentencing, offered to provide information against 17 different persons besides Pender. He wrote "I will help to make buys, wear wire, talk on phone taps or whatever I have to do to make busts on all these crimes." According to Joel Schumm, a criminal law professor at the
Indiana University Robert H. McKinney School of Law, "If Pennington's testimony was important in convicting her and this list seriously undermined his credibility, a judge may well order a new trial because the verdict would no longer be worthy of confidence." ==Escape from prison==