PEAK: "Yes."
O'Leary, the man for whom the truth did not matter, also released Raleigh House from custody after only one night in jail. House was the named source of the dynamite used to kill patrolman Minard and was blamed at trial for supplying the explosive yet O'Leary released him on his own signature and never brought formal charges against House for his role in the murder. The get-out-of-jail-free pass granted by O'Leary for the supplier of the dynamite suggests that House was a police informant.
Robert Bartle, Poindexter's attorney is blunt about the prosecution behavior. "Prosecutorial misconduct is an offense which undermines the integrity of our justice system. When those who have been entrusted with the enforcement of our laws ignore the prohibitions imposed on them by the legislature through statutes, and by the judiciary through case law, they insult the entire legal system, and upset the scales of justice."
"When prosecutorial misconduct is coupled with ineffective assistance of counsel, presented in this case, a defendant has two strikes against him from the start. Edward Poindexter has met his burden of proving both prosecutorial misconduct and ineffectiveness of trial and appellate counsel. He did not receive a fair jury trial in 1971 because of these fundamental constitutional violations. Accordingly, he must be given a new trial to prevent a further miscarriage of justice."
The 'Omaha Two' remain imprisoned at the maximum-security Nebraska State Penitentiary where they are both serving life sentences. Both Ed Poindexter and Mondo we Langa deny any involvement in Minard's death. The Nebraska Supreme Court now has Poindexter's request for a new trial pending before them. No date has been set for a decision.
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