Ex-Priest Seeks New Trial

Yankton Press & Dakotan
July 14, 2006

OMAHA, Neb. (AP) -- A former Catholic priest is seeking a new trial on charges of lewd conduct and indecent exposure.

Daniel Herek's attorney didn't know about some key evidence before Herek's original trial and so has asked Douglas County Judge Lyn White for a new trial.

The attorney, A. Michael Bianchi, said he didn't find out until Wednesday that police had tried to get another man to confess.

Herek, 61, was convicted of exposing himself in a mall parking lot in September.

The witness said the man was in a red car with handicap license plates.

Shortly before Herek's trial, Omaha police found the car and showed a photo of it to the witness. She said that was the right car. It was not Herek's, however.

Bianchi learned about that identification just moments before Herek's trial began in March, so he didn't have enough time to check out the information.

Bianchi said he has since found the car's owner. He told Bianchi about being questioned by police and pressed to confess. The man gave police an alibi.


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