OMAHA, Neb. (AP) — The Nebraska Court of Appeals has reversed the kidnapping and rape conviction of a Lincoln man, finding that the misconduct of a Lancaster County prosecutor unfairly swayed the jury in his case.
Frederick McSwine was convicted by a jury of kidnapping, first-degree sexual assault and other counts for allegedly forcing a woman from her apartment at knife-point and raping her in October 2012. He was sentenced in 2013 to 57 to 85 years in prison.
On Tuesday, the state appeals court found that the Lancaster County prosecutor in the case knowingly providing false information to the jury during his closing arguments in the case.
Because of that, and the failure of McSwine’s defense attorney to object, the appeals court determined that a new trial must be held.