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Overton man heard on motion for DNA testing

Overton man heard on motion for DNA testing
Courtesy/Nebraska Department of Correctional Services -- Timmy Timmens.

Lexington, Neb. — Dawson County District Judge Jim Doyle held a hearing Friday on Timmy Timmens’ motion for forensic DNA testing of several items used in his second-degree murder trial nearly 20 years ago.

Due to a surge in COVID-19 cases, the court is conducting hearings in January using video conferencing.

Timmens, 48, was convicted in the death of Tracy Guigler in July of 2000. He was sentenced to 45 years to life. During Friday’s hearing, Timmens asked for testing of at least 14 items held in evidence by the Dawson County Sheriff’s Office since his trial.

County Attorney Elizabeth Waterman was given until February 10, 2021, to present an affidavit in response to Timmens’ motion for DNA testing and she said she may obtain affidavits from other persons involved in the original investigation.

Those affidavits will then be served on Timmy Timmens, who will have until April 12, 2021,  to file a responding affidavit. Judge Doyle said he would not rule on Timmens’ motion for legal counsel  until after he has reviewed affidavits presented by both sides.

Timmens is serving his sentence at the Tecumseh State Correctional Institution. In his motion filed in November 2020, Timmens says he was not present the night Giugler was murdered and his motion is based on advancements in DNA technology that would allow for testing of items never DNA tested or present at trial in 2001.

The conviction and sentence of Timmens was upheld by the Nebraska Supreme Court in 2002 and 2011.

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