Nebraska Man's Request for New Trial Denied

By: Desk Email
By: Desk Email

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

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.


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