Naponee man seeks new trial
Tony Herrman, June 27, 2013
The Naponee man convicted by a jury last month of beating his 2-year-old grandson to death last year is asking for a new trial.
The motion filed May 17 by Peter Draper's attorney Charles Brewster of Kearney cites three reasons for the request, all of which revolve around the state's inclusion of Peter's wife Nancy Draper as a witness.
The defense believes the court abused its discretion by allowing the state to call Nancy, who is charged with the same offense as Peter, to testify in front of the jury.
The defense claims that the state showed misconduct by calling Nancy as a witness knowing it was her intent to invoke her Fifth Amendment right. State's counsel continued to ask leading questions designed to incriminate Peter.
Calling Nancy as a witness even though the state knew she would invoke her Fifth Amendment right against self-incrimination in the presence of a jury and failing to instruct the jury to disregard Nancy invoking that right violated state statutes and was an error of law, the defense claims.
Joseph Rinehart Jr., was found to be dead when his mother Laura Rinehart, 25, and 48-year-old grandmother Nancy Draper, Peter's wife, brought him to Franklin County Memorial Hospital in Franklin for the second time on April 30, 2012. A May 2 autopsy showed he died of head and internal injuries caused by blunt force trauma.
Draper, 48, was convicted May 10 of committing intentional child abuse resulting in death, a Class 1B felony, punishable by 20 years to life in prison; and committing child abuse resulting in serious bodily injury, a Class 2 felony punishable by up to 50 years in prison.
To read more, see Thursday's Hastings Tribune or the Tribune e-edition.>>>