Nebraska attorneys say DNA exonerates prisoners
Posted: Saturday, August 02, 2008
LINCOLN, Neb. (AP) -- Attorneys says new DNA evidence proves the innocence of two men in prison for killing a 68-year-old Beatrice woman more than 20 years ago.
"The bottom line is that as we sit here today, the individual that sexually assaulted Mrs. Wilson is not in prison," said Jerry Soucie, an attorney for Thomas Winslow.
Winslow and Joseph White were convicted of killing Helen Wilson in her Beatrice home during a robbery in 1985. Experts testified at their trials that she had been sexually assaulted.
But DNA test results received Thursday from the University of Nebraska Medical Center "conclusively establish that another male individual raped Mrs. Wilson and excludes both Joseph White and Thomas Winslow as the perpetrator," according to court motions to set aside the convictions.
In the motions, the attorneys ask the courts to grant a new trial if the court does not set aside the convictions. White was convicted in Jefferson County District Court of first-degree felony murder in late 1989 and sentenced to life in prison. Winslow pleaded no contest to aiding and abetting second-degree murder in Gage County District Court. He was sentenced to 10 to 50 years in prison.
Whether the men will be released largely depends on how Attorney General Jon Bruning approaches the case now that there is DNA evidence to consider. The state had argued against the tests, questioning whether biological samples were still good and saying Winslow gave up his right to tests with a plea deal.
But Soucie said on Friday he was encouraged by what he described as the openness of the discussions he has had with Bruning's office.
Bruning's spokeswoman, Leah Bucco-White, said in an e-mail: "We appreciate the seriousness of this issue. The state will review the case information. Our goal is to make sure justice is served."
Soucie said investigators will search databases to try and find someone whose DNA matches that found at the crime scene. He expects the search will be completed by late this month.
Nebraska's DNA testing law is about seven years old and came in response to a state Supreme Court ruling in 2000 that rejected a request to do DNA testing on evidence in the case of a Lincoln man convicted of murdering his wife.
The law requires the state to test DNA evidence if it is likely to produce evidence that someone else committed the crime.
On the Net:
Jefferson County District Court: www.co.jefferson.ne.us
Gage County District Court: www.co.gage.ne.us/court.html
"The bottom line is that as we sit here today, the individual that sexually assaulted Mrs. Wilson is not in prison," said Jerry Soucie, an attorney for Thomas Winslow.
Winslow and Joseph White were convicted of killing Helen Wilson in her Beatrice home during a robbery in 1985. Experts testified at their trials that she had been sexually assaulted.
But DNA test results received Thursday from the University of Nebraska Medical Center "conclusively establish that another male individual raped Mrs. Wilson and excludes both Joseph White and Thomas Winslow as the perpetrator," according to court motions to set aside the convictions.
In the motions, the attorneys ask the courts to grant a new trial if the court does not set aside the convictions. White was convicted in Jefferson County District Court of first-degree felony murder in late 1989 and sentenced to life in prison. Winslow pleaded no contest to aiding and abetting second-degree murder in Gage County District Court. He was sentenced to 10 to 50 years in prison.
Whether the men will be released largely depends on how Attorney General Jon Bruning approaches the case now that there is DNA evidence to consider. The state had argued against the tests, questioning whether biological samples were still good and saying Winslow gave up his right to tests with a plea deal.
But Soucie said on Friday he was encouraged by what he described as the openness of the discussions he has had with Bruning's office.
Bruning's spokeswoman, Leah Bucco-White, said in an e-mail: "We appreciate the seriousness of this issue. The state will review the case information. Our goal is to make sure justice is served."
Soucie said investigators will search databases to try and find someone whose DNA matches that found at the crime scene. He expects the search will be completed by late this month.
Nebraska's DNA testing law is about seven years old and came in response to a state Supreme Court ruling in 2000 that rejected a request to do DNA testing on evidence in the case of a Lincoln man convicted of murdering his wife.
The law requires the state to test DNA evidence if it is likely to produce evidence that someone else committed the crime.
On the Net:
Jefferson County District Court: www.co.jefferson.ne.us
Gage County District Court: www.co.gage.ne.us/court.html
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