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PLAINSMAN FILE PHOTODEBRA JENNERCourt rules Jenner’s rights not violatedBY ROGER LARSENOF THE PLAINSMANA federal appeals court has ruled that a former Huron woman's constitutional rights were not violated during the police interrogation and trial for the stabbing death of her daughter.Debra Sue Jenner is serving a life sentence for second-degree murder in the Springfield Correctional Facility for the 1987 murder of 3 Vi-year-old Abby Jenner.A three-judge panel on Tuesday unanimously found that Jenner’s constitutional rights were not violated when thepresiding judge in the 191188 jury trial, Eugene Martin of Huron, refused to suppress statements she made to law enforcement oflicials duringa6Vi-hour EU0ENE martin police interview two days after the murder.Jenner, 36, earlier lost appeals to the South Dakota Supreme Court, which upheld Martin in a 3-2 decision, and U.S. District Court Judge John Jones of Sioux Falls.In arguments before the appeals court in June, attorney James Davis of Omaha said Jenner was not read the Miranda warning and that her constitutional rights were violated by the admission at trial of involuntary incriminating statements to authorities.In the earlier appeal before the state Supreme Court, defense attorney David Gienapp of Madison also argued about Martin’s disallowance of evidence of a possible third-party perpetrator, application of the second-degree murder statute to the case and failure to give certain instructions to the jury.Assistant Attorney General John Bastian of Pierre, one of two prosecuting attorneys in the case, said Tuesday that Jenner was not under arrest at the time of the police interviews and could have left at any time.“We conceded Miranda warnings weren’t given,” Bastian said. “Our contention was that JOHN BAST,ANJENNER / page 3
Newspaper Details
Huron Plainsman
Huron, South Dakota, US
Wed, Jan 06, 1993
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