Tim Evans

tim.evans@indystar.com

Marion Superior Judge Kurt Eisgruber for the second time has denied a request from murder suspect Kenneth "Cody" Rackemann to marry while he is in jail awaiting trial.

Rackemann, 24, is facing the death penalty after prosecutors alleged that he killed three people and wounded a fourth during a robbery of a drug house in February.

During a hearing this morning, Eisgruber said he believes there could be legitimate security concerns if Rackemann is allowed to marry at the jail. The judge set another hearing for Oct. 10 to hear from the sheriff's department.

Rackemann's fiancee, Tia Brassfield, sat in the front row of the courtroom with the accused killer's mother during the hearing. When a shackled Rackemann was led into the courtroom, he mouthed something to Brassfield and the two exchanged long glances throughout the 45-minute hearing.

"I'm not saying he can never get married," the judge explained to Rackemann's attorney, Ray Casanova.

Eisgruber explained this is a critical time in the crimnal proceedings against Rackemann and suggested it might be better if he waitied until he was at the Indiana Department of Correction or cleared of the criminal charges.

True love, the judge said, will survive.

"I love her to death," Rackemann told the judge.

Rackemann said he realizes the gravity of his legal problems and needs the support of his family and the woman he loves to help him get through. He also said he is hoping to adopt Brassfield's son, so that he can see the child while he is in jail. Rackemann is not the boy's father.

"Mr. Rackemann wants to be part of (the child's) life," Casanova told the judge.

Eisgruber also denied a request in April from Rackemann to marry Brassfield, who has not been charged or otherwise publicly connected to the murders. In court today, it was revealed that Rackemann's attorney had asked the judge to deny that request during a closed door meeting between the juge and attorneys.

That request was made outside the courtroom, prosecutor John Keiffner said, because Brassfield was expected in the courtroom that day.

"It's not unusual for people to change their minds," Casanova said. "It happens all the time. The fact remains, he has the right to be married."

Brassfield left the courtroom without commenting, but relatives of two of Rackemann's victims said he doesn't deserve to get married now.

Rackemann is accused of fatally shooting Walter "Buddy" Burnell, 47; Jacob Rodemich, 43; Kristy Sanchez, 22; and wounding Hayley Navarro, 21, during a Feb. 20 robbery of a drug house in the 3400 block of South Parker Avenue. When he ran out of bullets and could not get a shotgun to fire, Rackemann directed an accomplice, Valencia Williams, to kill the wounded Navarro, prosecutors allege.

Two other people — Rackemann's cousin Anthony "Ant" LaRussa and Samantha Bradley — also were charged with murder and other counts in the killings.

Bradley struck a plea deal in August to plead guilty to conspiracy to commit robbery resulting in death, a Class A felony. She initially faced robbery and felony murder charges, the most serious of which would have carried a sentence of 45 to 60 years. By pleading guilty to the lesser charge, she could be sentenced to 20 to 50 years in prison.

Marion County Prosecutor Terry Curry said a condition for dropping other charges against her requires Bradley to testify against Rackemann, LaRussa, 26, and Williams, 21.

Curry filed to seek the death penalty against Rackemann in July. It was only the second time in his more than three years as prosecutor that Curry had sought the death penalty, but he has since filed a third request against Major Davis Jr. in the shooting of Indianapolis police officer Perry Renn.

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