Tim Evans

tim.evans@indystar.com

Kenneth "Cody" Rackemann, the alleged triggerman in the killing of four people during a robbery of a drug house, is fighting the prosecutor's request for the death penalty and asking a judge to grant him permission to marry.

Marion County Prosecutor Terry Curry announced in July his office had filed a request in Marion Superior Court for the death penalty.

In court documents filed last week, Rackemann's attorneys argue that the amended charges for the death penalty violate the 24-year-old's constitutional rights and deprive Rackemann of defenses in the mitigating phase of the trial should he be convicted.

In another filing, his attorneys ask a judge to reconsider the April denial of Rackemann's request to marry while he is being held in Marion County Jail. Rackemann is seeking to wed his fiance, Tia Brassfield, according to the document.

Rackemann's request said jail officials will not allow the marriage without the court's approval. Prosecutors also oppose the marriage while the case is pending.

The request cites a federal court ruling that says "it is unconstitutional for a jail to prohibit the defendant from getting married for any reason not related to a legitimate penological interest."

Rackemann asks the judge to order the jail to allow the marriage or set a hearing on his request.

Rackemann was among four people charged in the killings of Walter "Buddy" Burnell, 47; Jacob Rodemich, 43; and Kristy Sanchez, 22; and Hayley Navarro, 21, during a Feb. 20 house robbery.

Samantha Bradley, one of the defendants charged in the quadruple homicide on the Southeastside, pleaded guilty earlier this month to a conspiracy charge. Under a plea deal struck with the prosecutor, Bradley, 20, admitted to helping plan the robbery.

Curry said that as a condition for dropping other charges against her, Bradley will testify against Rackemann, 24, as well as Anthony LaRussa, 26, and Valencia Williams, 21, who are accused of planning and assisting in the robbery.

Rackemann, LaRussa and Wiliams all face murder and robbery charges. Prosecutors say Rackemann fatally shot Burnell, Rodemich and Sanchez and directed Williams to kill Navarro.

According to court documents, Rackemann had worked security for Burnell, a drug dealer living in the 3400 block of South Parker Avenue. Prosecutors believe the murders were committed in Burnell's home during a botched robbery.

Bradley also admitted to helping transport the three suspects from the scene and disposing of evidence, Curry said.

Bradley had initially faced robbery and felony murder charges, the most serious of which would have carried a 45- to 60-year sentence.

By pleading guilty to conspiracy to commit robbery resulting in death, a Class A felony, she could be sentenced to 20 to 50 years in prison.

Call Star reporter Tim Evans at (317) 444-6204. Follow him on Twitter: @starwatchtim.