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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Feb. 4, 1999)
] appealed ■ A conversation between a judge and Michael Ryan’s family may have played a role in Ryan’s conviction, attorneys say. By Josh Funk Senior staff writer Lawyers argued Wednesday that former cult leader Michael Ryan should not be on death row. They told the Nebraska Supreme Court that Ryan was mentally incompe tent to stand trial and the judge’s behav ior biased Ryan’s sentencing. Ryan was sentenced to death for the 1985 murder of James Thimm, who was a member of Ryan’s cult that lived on a farm near Rulo in the southeastern cor ner of Nebraska. Ryan and his followers tortured Thimm for three days prior to his death because he doubted Yahweh, a Hebrew name for God. He was beaten, sodom ized, shot and partially skinned. All the fingers on his left hand were shot off. Ryan’s attorney, Steve Achelpohl, said Ryan should be allowed to raise the competency issue now - in his third post-conviction appeal - even though his trial attorney did not “It’s a mystery to me why these issues were not raised earlier,” Achelpohl said. “Ryan was put on the stand by his own counsel to show his insanity” Achelpohl said Ryan was incompe tent to stand trial and the judge was obligated to raise die issue. Ryan was also convicted of second degree murder and sentenced to life in prison for the murder of 5-year-old {Luke Stice, whose father was a cult member. Ryan’s co-counsel, Mike Nelson, said that Judge Robert Finn was preju diced against Ryan because he met with the Thimm family outside of the trial process. No one knew of the meeting until 1996 Mien one of the family members mentioned it. Firm denied the meeting for 10 years, Nelson said, but changed his story after the family member men tioned it Nelson said that Ryan’s attorney’s investigated the meeting as part of earli er appeals, but the investigation stopped Mien Finn said the meeting did not hap pen. “If you can’t trust the word of a sit ting district court judge, who can you trust,” Nelson asked. Finn also turned his back on Ryan during his testimony, which Nelson said influenced the jury. “I know the facts are grisly in this case, but the law is on trial here,” Nelson said, “He may get sentenced to death want to Communicate Better? Learn Assertive Skills Want to communicate your thoughts and feelings more effectively with others? Our group will help you become more direct and honest while respecting the rights of others. Thursdays, Feb. 1 l-Apr. 8 from 2:30 - 4:30 pm, NE Union 338. Contact Sue at Counseling & Psychological Services, 472-7450 Pre registration ^Required. > ■ * 0 £ i 1 • I ! t •S .5 i © JS 0 *o 1 I i I Want to know more.about getting involved? One-on-One Consultations offer: • personalized service to help individuals get involved at the university 4 provides each student valuable advice and information on furthering then collegant experience ( iste inute. an lent ! ■ Call Drew Borske at 472-2454 ■ or stop by one of our two campus ■ offices at ■ 200 City Union I 300 East Campus Union I to make an appointment When was the last time you received personal service? S Student INVOLVEMENT JLUaiversitjr of Nebraska again, I admit; but this man deserves a new sentence.” _ Assistant Attorney General Kirk Brown said that all of this evidence was available at die time of the first appeal and should have been raised earlier. Brown said that defense attorneys should have investigated the Thimm meeting further by talking to family members. These witnesses were known and in place during the whole process, Brown said “If you have a number of witnesses material to an incident and you take the word of just one than it doesn’t equal a full inquiry,” Brown said And the meeting did not focus on the trial, Brown said, which he said was crucial to the issue. « I know the facts are grisly in this case, but the law is on trial here.” Mike Nelson attorney for Michael Ryan _s_: Brown said that Ryan’s competency should have been addressed at the trial or in earlier appeals. “At trial, Finn had mental health professionals testily that he was actively participating in his defense,” Brown said. Finn’s actions did not affect the out come of the trial, Brown said, though they were unorthodox. “We are not saying we recommend this procedure to any judge,” Brown said, “but after meeting with witnesses we found that the trial was not the sub ject matter of that meeting.” Brown said that Ryan’s case should be decided and his sentence carried out. “Ryan has had his day in court,” he said. “He’s had it three times in front of this court” NOTICE TO STUDENTS All students are eligible to apply for a refund of die "A" portion of their student fees beginning January 11 and ending February 5,1999. Students claiming a refund will lose benefits provided by Fund "A" users during the spring semester, 1998-99. (See shaded box at right.) Application forms are available at die Student Organization Financial Services office, Room 222, Nebraska Union; and the ASUN office, 115 Nebraska Union. Applicants should return the form in person to 222 Nebraska Union or 300 Nebraska East Union. Students must bring their UNL student ID cards when returning die application. Students who are unable to return their application in person to the Student Organization Financial Services office should contact Dan Paez, 222 Nebraska Union; 472-2154, on or before February 5,1999, to make arrangements. ,___ Students who complete a refund application and return it on or before February 5,1999, will be mailed a check for the amount of the refund claimed. Refund checks will be mailed between the dates of February 8 -12,1999. , ■ _-. . . _____ ----: Students claiming a refund will lose certain benefits provided by die above Fund "A" users. For details on which benefits may be lost, please refer to die cover sheet on the refund application. P&*-■ .f£i
