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DNA-based assertions in '85 murder open old wounds

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By the Lincoln Journal Star

Saturday, Aug 02, 2008 - 12:54:20 am CDT

A pair of inmates convicted in the rape and murder of a Beatrice woman two decades ago hope DNA tests will clear them in a court of law. But others aren’t convinced they should have that chance.

Joseph White, 45, and Thomas Winslow, 42, are serving prison sentences in connection with the 1985 killing of Helen Wilson. If courts rule in favor of the two men, whose attorneys say DNA testing proves they did not rape the 68-year-old victim, they could be exonerated.

On Friday, their attorneys said DNA tests of bodily fluids preserved from the case have cleared the two. That opened the possibility that the two could be the first inmates in the state cleared under the Nebraska DNA Testing Act of 2000.

Story Photo
Winslow (left) and White

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Mother: DNA results reveal injustice

Mary Winslow, mother of Thomas Winslow, talks about the DNA test results that attorneys say prove her son and Joseph White did not rape Beatrice woman...

Feb. 6, 1985 - Helen Wilson, 68, is found dead in her downtown Beatrice apartment. Wilson’s hands were bound, and she had been raped. She died of suffocation.

March 15, 1989 - Joseph Edgar White and Ada Joann Taylor are arrested on suspicion of first-degree murder. The two were arrested after Thomas Winslow of Wymore, who was being held in Lincoln on assault charges, also made statements implicating the two.

March 17, 1989 - Winslow is arrested and charged in conjunction with Wilson’s death.

April and May 1989 - Debra Shelden and James Dean are arrested and charged with aiding and abetting first-degree murder. Both eventually plead guilty to aiding and abetting a second-degree murder, and agree to cooperate with prosecutors in other cases. Kathy Gonzalez is arrested and charged with aiding and abetting first-degree murder, based on statements from Dean and Shelden. Gonzalez eventually pleads guilty to a lesser charge.

Nov. 1989 - White is found guilty of first-degree murder by a 12-member jury.

Late 1989 - Winslow pleads no contest to aiding and abetting first-degree murder.

Early 1990 - White is sentenced to life in prison for Wilson’s death. Winslow receives a 50-year sentence, Gonzalez receives a 40-year sentence and Taylor, Dean and Shelden receive 10 years each.

1994 - Taylor, Dean and Shelden are released from prison.

2000 - The DNA Testing Act is passed by the Legislature.

2006 - Winslow and White file motions for DNA testing, which are denied in district court.

Nov. 2, 2007 - The Nebraska Supreme Court upholds requests made by White and Winslow for DNA testing.

Dec. 13, 2007 - Samples of semen and DNA found at the crime scene and preserved in the Beatrice Police Department evidence room are sent to the UNMC Human DNA Identification Laboratory in Omaha.

Wednesday - DNA results show forensic evidence found at the crime scene came from one unidentified male individual who is neither White nor Winslow.

Friday - Motions will be filed in Gage County and Jefferson County to vacate the convictions of both White and Winslow. A status hearing is set for Aug. 25.

The test results were met with skepticism, however, by Jerry DeWitt, who was the Gage County Sheriff at the time of the investigation into Wilson’s death.

He said he had no doubt at the time that White and Winslow were guilty.

DeWitt’s office picked up the investigation after the Beatrice Police Department stalled on the case, he said.

A Gage County deputy sheriff who had previously worked for the Beatrice Police Department stumbled across a few leads in the case, DeWitt said. He began to investigate more seriously.

“And the more we delved into it, the more we learned about it, and there’s no doubt in my mind that all six of them were guilty, and were all there,” DeWitt said.

The Beatrice Police Department had already questioned the six, but hadn’t made any arrests, DeWitt said.

“They told us we had the wrong people,” he said.

But later, after all six had been sentenced, then-police chief Don Luckeroth admitted his office had “screwed up” the initial investigation, according to a story in the Feb. 17, 1990, edition of the Lincoln Star.

Wilson’s family questioned the department’s handling of evidence, including a blood-stained bra found outside Wilson’s apartment that police allegedly threw away.

But Doug Stratton, a Norfolk attorney who represents White, said Friday that the DNA samples Beatrice Police had collected from the crime scene were well-preserved and well-labeled.

“These results are indisputable,” he said.

Winslow’s attorney, Jerry Soucie of Lincoln, and Stratton will file district court motions to vacate convictions in Gage and Jefferson counties.

White, of Cullman, Ala., is at the Nebraska State Penitentiary in Lincoln where he has spent 18 years in prison. Winslow, is serving his sentence at the Omaha Correctional Center. He’s served 19 years and his projected release date is April 27, 2020.

Wilson’s son, Darrell Wilson of Beatrice, was dismissive of the test results.

“I don’t care about DNA,” said Helen Wilson’s son, Darrell Wilson of Beatrice. “They’re guilty as guilty.”

It took four years for Wilson and his two siblings to see an arrest made in their mother’s case. It took another year before the six who were arrested were convicted and sentenced.

All these years later, Wilson didn’t expect to be haunted again by his mother’s brutal death.

He never saw his mother’s body after her death, because she was so battered, he said. He sat through the trial in which witnesses described his mother’s rape.

The DNA samples came from a single, unidentified male that did not match White or Winslow, Soucie said.

If a judge grants the motions, White and Winslow could be exonerated. If a judge chooses not to erase the convictions, the motions also ask the courts to consider ordering a new sentence or trial for each man.

Darrell Wilson said he hoped the case didn’t go to trial. He doesn’t want to live through it again, and he also believes it would be a waste of money.

But he also realizes he doesn’t get to decide these things.

“There’s nothing I can do about it,” he said. “Whatever will be will be. I hope they don’t get out.

“But if they do, how will I stop it?”

Four other people were convicted in the case.

Ada Joann Taylor, who pleaded guilty to aiding and abetting second-degree murder, remains in custody at Community Corrections in Omaha. Her projected date of release is Aug. 9, 2009.

James Dean, Kathy Gonzalez and Debra Shelden were all released from prison in 1994.


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natefrog wrote on August 2, 2008 2:28 am:
" Leave it to Nebraskans to say something as unscientific and ignorant as 'I don’t care about DNA'. It's sad to see that 'justice' equals convicting someone for the sake of convicting someone, regardless of whether they are guilty or not. "

shocked wrote on August 2, 2008 7:07 am:
" Mindless monsters attacking Grandma? I can't understand and am particularly sickened by the fact that women were involved in a sexual crime against her. What courageous monsters, a group of them ganged up on her, at age 68? I say to hell with the DNA. Anyone who had any part of this is nothing but throw away garbage. Real men would have protected this woman. Decent women would not perpetuate rape.
I don't care if the DNA shows it wasn't their sperm. They were part and parcel. "

What wrote on August 2, 2008 7:23 am:
" Some people don't believe DNA test results? "

Kim H wrote on August 2, 2008 7:25 am:
" I understand the bitter sadness of the victim's family & community, but c'mon, keeping folks proven innocent in jail because "we just know they did it"? Really? "

beware wrote on August 2, 2008 9:01 am:
" Keep this case in mind the next time you sit on a jury. Just because law enforcement are convinced of the Defendant's guilt, doesn't mean that you shouldn't have a reasonable doubt. Many times the police have deluded themselves into believing. "

CS wrote on August 2, 2008 10:16 am:
" " I hope they don't get out"? If the DNA clear them you'd rather they stay in because it is convenient for you? Wow...Id hate to be your kids and get grounded for something that wasn't my fault. Justice is that they are freed if they weren't there, not "well, we dun got sumbudy so Whoo Hoo!". "

Brian wrote on August 2, 2008 12:27 pm:
" I feel for the victim & family but you cant dismiss DNA! Still does not mean they were not apart of the whole thing but my god how ignorant can the investagators/law enforcement or whomever be to just say "to hell with DNA I know they are guilty" sounds like they must have been there as well....lets lock em up!!! Why are theses people still employed? "

Tax Payer wrote on August 2, 2008 2:44 pm:
" According to the article, the DNA sample allegedly clears the two men of the rape but not of the murder. The article doesn't mention if the DNA was checked against James. Also, Winslow implicated White and Taylor and I would assume himself if he was charged with murder. Winslow also pleads "no contest" which a reasonable person who innocent would not do. Dean, Gonzalez and Sheldon all cooperated therefore, one would assume that Winslow and White were responsible. Frankly, it doesn't matter if they raped Wilson or not she still died as a result of the crime! Society needs to stop coddling these people. "

Concerned wrote on August 2, 2008 4:08 pm:
" What makes me concerned is that we can put people in jail based on testimony and not "ACTUAL" proof. The three individuals that are currently out knew they were involved and to be able to arrange a plea for lesser time, they bring other people down. My heart goes out to the families involved in this. Our justice system is absolutely flawed when we can allow innocent people to sit in prison and let guilty people roam free. "

Where does guilt begin wrote on August 2, 2008 5:24 pm:
" So if you set someone up by ganging up on them and make it possible for someone to rape them, then because it wasn't "YOUR" sperm, suddenly you are not guilty of anything? I don't think so. Has anyone here, NOT heard of aiding and abetting a crime? There were women involved for Pete's sake. Did anyone ever put them in prison because they thought it was their sperm? Who actually penetrated the victim sexually is NOT the only criminal here. "

Joe wrote on August 2, 2008 5:37 pm:
" Brian,
99.9% of everybody involved in that case is no longer in law enforcement. And the County Attorney that prosicuted it didn't get re-elected. I don't remember reading where anybody in law enforcement said "to hell with DNA". Where did that come from?? "

chewonthis wrote on August 2, 2008 6:43 pm:
" Think about this: They were charged with aiding and abetting a murder. Sure, the evidence shows they didn't rape her but they had something to do with her death. So, that is where these officials are saying who cares about DNA. These "people" are exactly where they should be: behind bars. Don't jump to the conclusion that our officials don't care of new evidence supports the evidence someone was wrongly convicted. They do care about that. What they are saying is just because none of their semen was at the scene, doesn't mean they are innocent of the charges they are currently in prison for, which is aiding and abetting a murder... "

P wrote on August 3, 2008 4:29 pm:
" Its the mother of Thomas Winslow said justice hasnt been served for her son or the family of the victim. It is sad that the victims family does not want the real person who did this in prison, just to keep these people in prison for a crime they didnt commit. I on the other hand hope they find the real guilty party. "

P wrote on August 3, 2008 4:39 pm:
" Its the mother of Thomas Winslow said justice hasnt been served for her son or the family of the victim. It is sad that the victims family does not want the real person who did this in prison, just to keep these people in prison for a crime they didnt commit. I on the other hand hope they find the real guilty party. "

CS wrote on August 4, 2008 2:48 pm:
" Winslow wasn't implicated until he implicated others. Suddenly finger pointing abounds and half of the people involved all cop deals and get out after a few years. Amazing-ill bet they got immunity for 'testifying' against others. Well, maybe he was guilty because he knew of it and didn't say anything, maybe he was involved. The point is that he's charged with a lot more than that, based on whatever they had at the time, and the DNA rules that out, yet people are saying "so what". This isn't a place where 'love the one you're with' should be the operable rule of the day. "

BS wrote on August 4, 2008 8:04 pm:
" How can Nebraskans be so narrow minded to think that just because people testify against you your guilty? What if and this is all hypothetical what if he heard them talking about what they did and went to the cops doesnt make him guilty does it? Because if that makes a person guilty then arent we all guilty. Say you hear your friend talking about how he didnt pay for something or he ripped someone off then your guilty cuz you heard him talking about it? Huh? What sense does that make? And I truly believe after reading the testimony and everything that these two men are innocent. It also says in the motion to vacate, which you can find here on the internet, that Winslow didnt take the first plea they offered him in return for testifying against White they would let him out in 5 years. It says in there he didnt take it because he wouldnt perjure himself that shows that he has more moral than any other person who testified doesnt it? I dont think thats a cold blooded killer talking do you? "