Kathy Pinna
New trial granted in 2002 kidnapping, sexual assault, murder case
Herald-Dispatch. com Nov 1 2007: updated Oct 16 2015
Charleston W VA (AP)
One of five men convicted in the 2002 sexual assault, beating, and murder of a Logan County woman is getting a new trial.
The state Supremem Court reversed six convictions and sentences against 38-yr-old David Jacob Nelson of Dingess on Tuesday and sent the case back to Mingo County.
The court noted in its ruling that the state's cross examination concerning allegations that Nelson had sexually abused his sister in 1987, even though no charges were ever filed, was "noticeably prejudicial."
Nelson was convicted in 2005 of first-degree murder, kidnapping, first-degree sexual assault and three counts of conspiracy in connection with murder, kidnapping, and first-degree sexual assault. He was sentenced to lif in prison without mercy, meaning he would never be eligible for parole.
The charges stemmed from the August 2002 death of Wanda Lesher. Investigators say the Chapmanville woman left a bar with two men and drove to a cemetery in the Dingess area where she was sexually assaulted and beaten with a nail-studded two-by-four. She was ultimately strangled and drowned before her body was deposited in a shallow grave.
Mingo County Prosecuting Attorney C. Michael Sparks said he's extremely disappointed with the Supreme Court's decision but is resolved to seek justice.
Defense Attorney Mark Hobbs said he hopes the second trail will result in an acquittal.
Nelson's brothers, Aaron and Clinty, were also sentenced to life without the possibility of parole in the case. Two other defendants, Alfred Dingess Jr and Zandell Bryant, received life-with-mercy sentences.
Charleston W VA (AP)
One of five men convicted in the 2002 sexual assault, beating, and murder of a Logan County woman is getting a new trial.
The state Supremem Court reversed six convictions and sentences against 38-yr-old David Jacob Nelson of Dingess on Tuesday and sent the case back to Mingo County.
The court noted in its ruling that the state's cross examination concerning allegations that Nelson had sexually abused his sister in 1987, even though no charges were ever filed, was "noticeably prejudicial."
Nelson was convicted in 2005 of first-degree murder, kidnapping, first-degree sexual assault and three counts of conspiracy in connection with murder, kidnapping, and first-degree sexual assault. He was sentenced to lif in prison without mercy, meaning he would never be eligible for parole.
The charges stemmed from the August 2002 death of Wanda Lesher. Investigators say the Chapmanville woman left a bar with two men and drove to a cemetery in the Dingess area where she was sexually assaulted and beaten with a nail-studded two-by-four. She was ultimately strangled and drowned before her body was deposited in a shallow grave.
Mingo County Prosecuting Attorney C. Michael Sparks said he's extremely disappointed with the Supreme Court's decision but is resolved to seek justice.
Defense Attorney Mark Hobbs said he hopes the second trail will result in an acquittal.
Nelson's brothers, Aaron and Clinty, were also sentenced to life without the possibility of parole in the case. Two other defendants, Alfred Dingess Jr and Zandell Bryant, received life-with-mercy sentences.
