FRANKLIN, Neb. — A Naponee man convicted in May in the death of his grandson is seeking a new trial.
Peter Draper, 48, was found guilty of one count of child abuse resulting in the 2012 death of Joseph Rinehart Jr., 2, and one count of child abuse resulting in serious bodily harm. Draper's sentencing is set for Aug. 1.
According to court documents filed by Draper's public defender, Charles Brewster, the state committed misconduct during trial by calling Draper's wife, Nancy, as a witness.
The documents allege that the state knew she would invoke her Fifth Amendment rights, even with court-granted immunity, and that the state asked her leading questions to incriminate Draper. She pleaded no contest June 3 to one count of child abuse resulting in serious bodily injury.