COURT GRANTS NESLER NEW TRIAL ON SANITY.Byline: Associated Press Ellie Nesler, who ignited a national debate on vigilante vigilante n. someone who takes the law into his/her own hands by trying and/or punishing another person without any legal authority. In the 1800s groups of vigilantes dispensed "frontier justice" by holding trials of accused horse-thieves, rustlers and shooters, and justice when she killed her son's alleged molester mo·lest tr.v. mo·lest·ed, mo·lest·ing, mo·lests 1. To disturb, interfere with, or annoy. 2. To subject to unwanted or improper sexual activity. in a courtroom, was granted a new sanity trial Thursday by the state Supreme Court because of juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories. misconduct. Nesler, convicted of manslaughter by a Tuolumne County jury that rejected murder charges, is serving a 10-year sentence and is scheduled to be paroled in January 1999. She could go free if the jury finds temporary insanity temporary insanity n. in a criminal prosecution, a defense by the accused that he/she was briefly insane at the time the crime was committed and therefore was incapable of knowing the nature of his/her alleged criminal act. at her retrial retrial n. a new trial granted upon the motion of the losing party, based on obvious error, bias or newly-discovered evidence. (See: newly-discovered evidence) , or if Attorney General Dan Lungren decides to drop the case. Spokeswoman Sara Brown said Lungren has 90 days to decide on a retrial and has made no decision yet. His office was called in to try the case because some local prosecutors saw the shooting. Defense lawyer Paul Couenhoven said he would ask a judge to free Nesler on bail, perhaps next week. He said the ruling sets aside her conviction, although the jury's finding that she committed manslaughter remains intact. Nesler, now 45, shot Daniel Mark Driver five times in April 1993 during a recess at Driver's preliminary hearing on charges of molesting four boys, including Nesler's 7-year-old son. Despite expressing no regret, Nesler pleaded temporary insanity. The jury found her sane. CAPTION(S): Photo Photo: Ellie Nesler Slew molest-case suspect |
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