JENNER/page 1she was not in custody and she lt;was free to go and Judge Martin agreed with that.”Bastian said Assistant Attorney General Patricia Cronin of Pierre argued the state's case before the 8th Circuit Court of Appeals.Jenner could ask for a rehearing or request that the entire 1 11-member court hear her case. 1In its decision, the three ap- , peals court judges said Jenner uwas at the police station voluntarily and remained there volun- 1 tarily and she repeatedly con- 1 sented to the continuation of the j interview when asked and even lt;made numerous expressions of a 1 desire to help.”Bastien said Jenner could i have asked for a lawyer or that the police interview end, but never did so.MShe had several opportunities to do so,” he said. “In fact, throughout the interrogation Mrs. Jenner asked the Division of Criminal Investigation agents if there was something they could do that would help her remember.”Bastian said throughout the afternoon and evening Jennerwas trying to cooperate------“The questioning may have been hard and intense, but throughout it all she was asking for assistance in remembering what happened,” he said. “I think it was the main factor in the court agreeing.”Bastian said credit in the case must go to Beadle County Sheriff Tom Beerman, Huron PoliceChief Jeff Trandall and DCI agents Jerry Lind berg, Fred De-Vaney and Ken Giegling.Abby Jenner was found murdered in her bed the morning of April 5, 1987. She died from at least 70 stab wounds inflicted the previous night.The most dramatic testimony came from DCI agents, who said Jenner suggested to them that she could have ^psyched out.” In her interview with Giegling, testimony showed, she volunteered a description of the murder as seen through Abby's eyes.Testimony showed that when Jenner was reunited with her husband, Lynn, she cried out, “I did it, I did it. Did you help me?” Lynn Jenner denied involve-i ment.When she took the stand, Jenner said she did not kill her daughter, and that her state-i ments to authorities were the re-■ suit of stress, exhaustion and leading Questioning.; But tne appeals court disagreed, saying the interview was “completely devoid of physical- threats or coercion. Moreover,) the interviewing officers used no 5 improperly coercive questioning s tactics.”In June 1987, a Beadle County- grand jury indicted Jenner for- murder. The trial was held in i February and March of 1988.i Jenner is not eligible for pa-1 role unless her life sentence is d commuted to a certain number of years by the governor.