Conviction Precludes Innocence Claim; Attorney Disbarred For Domestic Violence

A felony conviction for terroristic threats is disbarment-worthy, according to a decision issued today by the Nebraska Supreme Court.

Respondent was initially charged with second degree domestic assault and use of a weapon to commit a felony. She was accused of assaulting her husband with a knife. The State later amended the charges to first degree assault and use of a deadly weapon to commit a felony. Respondent has consistently denied causing her husband’s injuries and has maintained that she was asleep when the injuries occurred.

At some point, Respondent’s husband admitted to police that Respondent had cut him with a knife. He later recanted and explained his statement was made while he was sleep deprived, under the influence of drugs, and under pressure by the police. He also stated that he made the statement to hide the fact that he had acquired drugs illegally and was under the belief that he could simply refuse to press charges. He stated that he was eating cake in bed and was under the influence of pain medication. He claimed he fell asleep, rolled over on the knife, and was injured as a result.

Pursuant to a plea agreement, Respondent pled no contest to one count of making terroristic threats. She was convicted on March 9, 2012, and was sentenced to 1 to 3 years’ imprisonment with credit for 55 days served. She began her sentence July 3 and was released on parole in December. Her parole ended in July 2013.

The court

Respondent strenuously denied committing the crime of making terroristic threats, and her husband, the purported victim of the crime, also insisted that she did not commit a crime against him. He retracted all statements he had previously made to police and claimed that he originally made the statements while under the influence of drugs and sleep deprivation.

Respondent stated she took a plea deal because she feared a prolonged trial and a conviction of a far more serious crime that could result in years of incarceration. She wanted to avoid a lengthy trial because she had a 17-year-old daughter and a seriously ill husband who relied on her for support, and she wanted to avoid the bad publicity a trial would generate because she is an attorney. She claimed to have exculpatory evidence and intended to continue her pursuit to exonerate herself of the crime.

It is not uncommon for one who accepts a plea bargain to make similar claims after the fact. However, it is not our task in this case to determine the innocence or guilt of Respondent, but only the appropriate discipline to be imposed for the conviction.

There was extensive mitigation 

The referee also noted several letters and affidavits from attorneys and former clients in support of Respondent, including evidence of pro bono legal work that she did before being suspended. The referee stated that Respondent has exhibited extraordinary compassion and dedication in representing indigent persons and persons of limited means. 

The court nonetheless focused on its role in setting standards for the Bar

Because this is the first attorney discipline case in Nebraska involving a felony conviction for a crime of violence, it is necessary to convey the serious consequences that attach to such misconduct. Although no clients were harmed by Respondent’s misconduct, an attorney’s conviction of a felony for a crime of violence requires a severe sanction.

It is clear that the stress caused by the inability to practice law has produced much anxiety for Respondent. However, this does not excuse the seriousness of her misconduct. Although Respondent may not be a danger to others, her felony conviction for a crime of violence damages the reputation of the bar and threatens public confidence in the profession. There is a need for sanctions to deter crimes of violence by members of the bar.

1011 HD reported on the February 2011 arrest

A woman is behind bars after Lincoln Police say she stabbed her husband several times.

Officer Katie Flood with Lincoln Police says 40-year-old Kristin Walz was upset Friday night because her 49-year-old husband, Timothy, did not want go out.

Flood says Kristin then attacked Timothy with a Ka-bar knife that had a five-inch blade.

Timothy suffered a 1 1/2 inch cut to his forearm and right knee, a deep two-inch cut to his right elbow and a bite mark to his chest.

Flood says Timothy did not go to the hospital until Saturday. She said he initially claimed to be a sleep eater and must have cut himself while sleeping.

Flood said Timothy later admitted to the fight with Kristin.

(Mike Frisch)