University Daily Kansan
Friday, December 8, 1978
5
Westergren verdict upheld
The conviction of Eugene E. Westergreen last month for the attempted rape and murder of an elderly Lawrence woman was upheld yesterday in Douglas County District
Franklin County Judge Floyd H. Coffman, who found Westerngrenalty guoy Nov. 6, denied a motion for a new trial fled Nov. 15 by the jury. He defended defense attorney Jerry Dunnellly.
Westergren, 51, was convicted of attempting to murder his partner, 84, Knightsgail, 51.
Smith was found beaten to death in her home Nov. 8, 1977.
After denying the motion for a new trial, Coffman ordered Westergreen to report to Larned State Hospital for 120 days of psychiatric examination and evaluation prior to sentencing. Westergreen has a 20-year history of treatment for mental illness.
In his written motion, Donnelly argued that the court had erred several times.
DONNELLY HAD Filed the motion for a trial, he said, because he thought Mr. Dillon was being unfair.
Donnelly argued that a confession Westergren gave police when he was arrested Dec. 21 should not have been used as state evidence. Donnelly maintained throughout the trial that Westergren was in poor mental and physical condition when he gave the confession and, therefore, the confession should have been considered reliable.
Donnely also argued that evidence of Westergam's criminal record should not have been presented by the state. Donnetly argues that the state should support of his client's character, and the state should have been prohibited from presenting evidence against Westergam's
At yesterday's hearing on his motion, Donnelly centered his arguments on Kansas Bureau of Investigation tests of blood and samples found at the scene of the crime.
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DONNELLY, REFERRING to the testimony of a BKI lab technician, said an H factor was present in seminal stains on the blood of animals. Another women was incapable of producing the H factor.
Donnely acknowledged that the H factor, a blood type factor, could have come from
the victim. But, he said, because 20 to 25 percent of all people cannot produce an H factor, there was a one in four chance the factor did not come from the victim either.
Therefore, Donnelly argued, the state could not prove beyond reasonable doubt that Mr. Ginsburg was a Republican.
"The only logical confusion that one could reach, without consideration of anything else, is that the defendant did not produce the seminal stains on the victim's clothing." Donnelly said. "This is an absolute conclusion."
But Harry Warren, Douglas County assistant district attorney, countered that the state did not need to present the blood sample tests as evidence.
"I DIDN'T HELP our case—in fact, it
may have hurt it." Warren said. "One
reason we used it was to prove the defendant
was wrong and that he would have
the possibility that he could have done it."
sufficient evidence to link the murder and attempted rape charges.
Warren said the blood sample evidence did not prove any element of the case that
Donnelly also argued that there was in-
Citing previous testimony by a county pathologist, Donnelly said there was no way to prove the rape was committed before the death of the victim. If the rape had occurred the victim's death, Donnelly said, Western State would be charged with second degree murder.
But Warren said Westergreen admitted to the rape in his confession, and the state could assume that Westergreen committed suicide while attempting to rage the victim.
WARREN AGREED there was no way to prove the rape had been committed before the victim's death. But, he said, the state did not charge Wistergren with rape, but atropion.
Warren', in addressing Donnelly's argument regarding the reliability of Westergren's confession, said the company had warned that the investigation for Westergren not to have been involved.
Warren also said the court ruled correctly when the state was allowed to present evidence.
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Police said the woman, Blue Goldman,
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Lawrence police reported that several thefts occurred Wednesday, including one burglary in which a Lawrence woman lost $2.700 in stereo equipment.
Police Beat
UNIVERSITY DAILY KANSAN
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Police said the theft occurred about two weeks ago. Davis valued the wheel covers at
Carolyn Davis, a secretary in the School of Engineering, reported the theft of two wheel covers from her car, which was parked at 2017 Louisiana St.
p. m. Wednesday. The unit was valued at $250.
On campus, KU police reported there were few crimes committed on Wednesday.
POLICE SAID the theft occurred between
15: 15 m. Monday and 8: 45 m. Wednesday.
Goldman lost a reel-to-reel recorder valued at $1,500, a receiver valued at $700 and a wristwatch.
See you Saturday—When you find what you like be sure to tell Santa !
The thief cut the cable that secured the bicycle to the rack.
Police received a report from the Westridge Medical Clinic, 1400 W. Sixth St., of the theft of $168 from Ross A. Sciara. The theft occurred between 3 p.m. and 3:50 p.m. Wednesday.
However, a resident of Ellsworth Hall, 1734 Engel Road, reported that a burglar stole $800 bank, a clock radio, a suitcase and a couple of clothes while he was eating dinner Wednesday.
Compiled by Henry Lockard
5:15 p.m. Monday and 8:45 p.m. Wednesday.
Scott Robinson, Prairie Village senior,
100 Naismith Drive, reportthe theft of
his nails from a bike rack near
Naismith Mall.
Pice said Robinson valued the bicycle at $150. The theft occurred between 8 p.m.
and 10 a.m. at the store.
The 10-speed bike valued at $133 belonged to a 10-year-old boy. The theft occurred within three months of purchase.
OTHER REPORTS included the theft of another bicycle, the theft of a radio-tape player unit from a car and the theft of $168 from a local physician.
KIEF'S Records
Police said the theft occurred at about 8
A Lawrence man reported the theft of a radio-tape unit from his car, which was part of an investigation into drug use.
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