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Nebraska high court denies request to delay Garcia trial

ne-supreme-courtOMAHA, Neb. (AP) — The Nebraska Supreme Court has denied prosecutors’ request to delay the trial of a former doctor accused of killing four people with ties to an Omaha medical school.

Douglas County Attorney Don Kleine had asked the high court to delay the first-degree murder trial of Anthony Garcia, which is set to begin Monday. Kleine had also asked the high court to vacate a judge’s decision excluding DNA analysis from trial.

The high court said Wednesday that it does not intervene in cases to control judicial discretion.

Garcia is charged in the March 2008 slayings of Dr. William Hunter’s 11-year-old son and the family’s housekeeper, as well as the May 2013 killings of Dr. Roger Brumback and his wife. Prosecutors say Garcia was seeking revenge over being fired from a Creighton University School of Medicine residency program.

Colorado medical pot law poised to add PTSD as qualifier

Medical-Marijuana-leafDENVER (AP) — Marijuana pioneer Colorado is poised to add post-traumatic stress disorder to its medical marijuana program, joining 18 other states that consider PTSD a condition treatable by pot.

A panel of state lawmakers voted 5-0 Wednesday to endorse the addition of PTSD to Colorado’s 2000 medical pot law.

The vote doesn’t have legal effect; it’s just a recommendation to the full Legislature, which resumes work in January. But the vote indicates a dramatic shift for a state that has allowed medical pot for more than a decade but hasn’t endorsed its use for PTSD.

Colorado’s change would put Colorado in line with 18 other states and Washington, D.C., that allow cannabis for PTSD treatment. Montana voters will decide in November whether to make the same change.

Man guilty of killing woman whose body was found in tub

jury-boxOMAHA, Neb. (AP) — A Douglas County jury has found a 28-year-old man guilty of strangling an Omaha woman whose body was found in her bathtub last year.

Matthew Kidder was convicted Wednesday afternoon of first-degree murder and use of a deadly weapon. He faces a mandatory sentence of life in prison when he’s sentenced on Nov. 1.

Police say Kidder raped and strangled 28-year-old Jessyka Nelson on June 25, 2015. Kidder was a longtime friend of Nelson’s family.

Prosecutors say Kidder had been released from prison for the rape and choking of another woman when he killed Nelson.

Police say DNA from Nelson’s fingernails and the cellphone cord used to strangle her matched Kidder’s, and that his cellphone records showed he was at Nelson’s house the night she was killed.

Woman reports dog tangled with mountain lion in York County

york_co_SherWACO, Neb. (AP) — Authorities say a woman has reported that her dog tangled with a mountain lion at her home south of Waco in York County.

The woman told the York County Sheriff’s Department Tuesday that she and her husband had heard a commotion outside the night before and that she saw her dog fighting an animal when she went outside to check.

She says the big cat ran off when her husband shined a light on it. The dog wasn’t seriously injured.

The woman is all but certain what she saw was a mountain lion, but the sighting hasn’t confirmed.

Authorities have taken several reports of mountain lions in the county, but most have not been confirmed.

Omaha council won’t make food trucks collect restaurant tax

omahaOMAHA, Neb. (AP) — The City Council has rejected a proposal that would have required food truck operators to collect Omaha’s 2.5 percent restaurant tax.

The measure failed on a 3-4 vote Tuesday after members debated and rejected an amendment that would have lowered the tax rate.

Food trucks were exempted when the council approved the restaurant tax in 2010. In May restaurant owner Michael Henery sued the city, saying it’s not fair that food trucks don’t pay the tax. The lawsuit also says the tax is unconstitutional. Henery is seeking a $100,000 refund.

Mayor’s lawsuit filed in Lincoln budget battle

Mayor Chris Beutler
Mayor Chris Beutler

LINCOLN, Neb. (AP) — A lawsuit filed by the mayor could force the Lincoln City Council to set a tax rate that would raise enough money to support the mayor’s budget next year.

A lawyer for Mayor Chris Beutler (BYTE’-lur) filed it late Tuesday afternoon. It’s aimed at settling the question of whether a council vote on the tax rate is purely ministerial and must correspond to the budget in place or whether the four Republican council members can set a different rate.

Beutler and the council Democrats have said the panel must approve a tax rate that fully supports the budget of record, in this case the budget Beutler submitted before vetoing the council’s revised version. The council’s Republicans have said the smaller budget approved by the Republican majority is the legal budget.

ACLU says man was denied nursing home care because of HIV

aclu-nebLINCOLN, Neb. (AP) — The American Civil Liberties Union is warning Nebraska nursing homes not to refuse to treatment patients with HIV.

The civil rights group said Tuesday that it sent letters to six Nebraska nursing homes that refused to treat a man with HIV in the months before his death.

The ACLU says the nursing homes refused to treat John Shelor, so he wound up in a facility in Broken Bow that was more than an hour from his home in Bertrand. He died July 31.

ACLU of Nebraska Executive Director Danielle Conrad says state and federal law prohibits treating someone differently because they have HIV.

Investigators: Man startled while cleaning gun shots another

douglas-county-sheriffOMAHA, Neb. (AP) — Investigators say a man who accidentally shot an off-duty Omaha police officer was cleaning a gun when the officer startled him.

The Douglas County Sheriff’s Office said in a news release Tuesday that the 70-year-old man was in his home cleaning the exterior of the handgun when he unexpectedly encountered 38-year-old Ben Weidner at his door. Investigators say the man was startled and reacted by squeezing the handgun and trigger. A shot was fired and struck Weidner in the abdomen.

Officials say the homeowner believed the gun was unloaded at the time he was cleaning it.

Investigators say the man and Weidner know each other and are on good terms. The shooting has been determined to be accidental, and no criminal charges are expected.

Weidner is expected to recover.

Judge: Nikko Jenkins competent to face death penalty hearing

Nikko Jenkins
Nikko Jenkins

OMAHA, Neb. (AP) — A judge has ruled that an Omaha man convicted of killing four people in the summer of 2013 is mentally fit enough to face a death penalty hearing.

Douglas County District Judge Peter Bataillon on Tuesday declared Nikko Jenkins competent. His death penalty hearing has been set for Nov. 14, when Jenkins will go before a three-judge panel that will decide whether his crimes merit the death penalty.

The hearing has been delayed several times as mental health evaluations sought to determine whether Jenkins, who has mutilated himself multiple times in prison, is mentally competent.

Jenkins was convicted in 2014 of four counts of first-degree murder for the August 2013 shooting deaths of Juan Uribe-Pena, Jorge Cajiga-Ruiz, Curtis Bradford and Andrea Kruger.

Just how much sugar do Americans consume? It’s complicated

Medical-ChartNEW YORK (AP) — Sugar is the latest nutritional enemy, but saying how much of it Americans are consuming is complicated.

Government data shows the amount is down from its high in 1999, and a big reason for the decline is the drop in soda consumption, which is sweetened with high-fructose corn syrup. Government figures are estimates, so it’s an inexact science.

But the data and industry trends indicate we’ve actually made progress in cutting back. On average, Americans’ total consumption of caloric sweeteners like refined cane sugar and high-fructose corn syrup is down 15 percent from its peak in 1999.

Soda consumption started falling around the same time, and is down 24 percent since 1998. That’s according to industry tracker Beverage Digest.

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