Nebraska man convicted of kidnapping, assaulting ex-wife is denied request for new trial


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BROKEN BOW, Nebraska — A Custer County man sentenced to life in prison last month for kidnapping and assaulting his ex-wife has been denied a new trial.

The Kearney Hub reports (http://bit.ly/1qQXUyo ) that Custer County District Judge Karin Noakes on Wednesday denied a motion by Tyler Bain's attorney, Stephen Potter of Gothenburg, for a new trial.

Potter had argued that at least one and possibly two jurors had engaged in misconduct — one by reading an article about Bain in a local newspaper during the trial and the other for using social media during the trial.

Potter also objected to a forensic pathologist's testimony.

But Judge Noakes agreed with prosecutors that Potter failed to prove juror misconduct. She also said Potter's unhappiness with the pathologist's testimony is not grounds for a new trial.


Information from: Kearney Hub, http://www.kearneyhub.com/

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