A Sutherland man who was convicted of killing his girlfriend’s four-year-old daughter five years ago is seeking freedom.

39-year-old Donald Lee was sentenced to 70 years to life in prison for the murder of Ashlyn Gamble.

Lee, who had been drinking heavily, was babysitting Ashlyn on July 19, 2008.  Ashlyn’s mother, Kristen Gamble, returned home to find the little girl in distress.

Ashlyn was rushed to Great Plains Regional Medical Center where she was pronounced dead.

An autopsy showed that Ashlyn had a fractured skull, and determined that strangulation was the cause of death.  There was also evidence that she had been sexually assaulted, but this was never proven in court.

Lee, represented by Public Defender Bob Lindemeier, reached a deal with prosecutors and pleaded no contest to a reduced charge of 2nd degree murder.  He was sentenced on July 13, 2009.

Lee has since argued that his rights to a speedy trial, due process and representation by effective counsel were violated.

Under Nebraska law, offenders must be sentenced within 180 days from the time charges are filed.  But, often times, these rights are waived by the defendant to allow attorneys time to prepare.

The case went before the Nebraska Supreme Court, which ruled that they did not have enough information.  The case was therefore sent back to Lincoln County.

Lee’s attorney, Mike Nozicka, argued Monday that Lee did not request or authorize the multiple continuances in his case, and court records did not indicate that the continuances would not count against the state for speedy trial purposes.

“Information was filed in November 2008, and by May 2009 he had entered a plea,” said Lincoln County Attorney Rebecca Harling.

“That’s the fasted first degree murder case I have ever seen,” Harling added.

The case was taken under advisement by Lincoln County District Court Judge, Donald Rowlands, who said he would render a decision in a week to 10 days.

Lee remains in custody at the Tecumseh State Prison.