
Ed Poindexter, left, and David Rice, in the light-colored sweater, were convicted in the 1970 murder of Omaha Police Officer Larry Minard.
LINCOLN — A group of supporters of Ed Poindexter, convicted in the booby-trap killing of an Omaha police officer 50 years ago, made an emotional appeal Monday to release him from prison to promote healing and because he’s near death.
Poindexter is black and was a member of a Black Panther-like group that railed against police conduct; Officer Larry Minard was a white married father of five children who died after touching a suitcase full of dynamite in 1970 amid of one of the worst periods of racial strife in Omaha’s history.
But backers of Poindexter, a model prisoner who is suffering from diabetes and other health problems, said that after serving 50 years behind bars, he’s paid his debt to society.
“A benevolent release will go a long way in mending some of the racial divisions in our community by saying, ‘Ed, enough is enough. And Godspeed,’ ” said Preston Love Jr., a North Omaha leader, to members of the Nebraska Board of Pardons.
Members of the board — Gov. Pete Ricketts, Attorney General Doug Peterson and Secretary of State Bob Evnen — thanked the seven people who testified on Poindexter’s behalf during the public comment period of their meeting but took no action; there was no pending application before the board.
But Ricketts, who said he had already discussed the case with Love, suggested that the group make an application for a compassionate medical release that the board could consider later, perhaps at its next meeting in two months. He also suggested that they follow Love’s suggestion to reach out to Minard’s family and the Omaha police.
“That’s a good place to start that conversation,” the governor said.
Monday wasn’t the first time a pardon or appeal has been pursued on behalf of Poindexter and his co-defendant, the late David Rice, whose first-degree murder convictions for Minard’s death still generate strong emotions and controversy, as well as national debate over whether they received a fair trial.
Poindexter and Rice, who later changed his name to Mondo we Langa, were members of a Black Panther-like group based in North Omaha that was a target of an FBI program to disrupt and discredit such groups. Some, including black activist Angela Davis and former U.S. Attorney General Ramsey Clark, say the two men were framed with false testimony and planted evidence because of their political beliefs.
Rice died in prison in 2016, insisting on his death bed that he was innocent.
Others, including members of the Minard family, say that the judicial system has more than once affirmed their convictions and that claims that they were framed were “completely ridiculous.”
But backers of Poindexter said the recent death of George Floyd during an arrest in Minneapolis, and the recent attention to racial inequities in the judicial system, make it a good time to again review his case.
Monday’s presentation was organized hurriedly by Dr. Diane Topolski, an Omaha physician who said recent events prompted her to delve into cases of what she saw as “systemic racism” in Nebraska. The case of Poindexter and Rice stood out, she said, in her research and talks with lawyers, journalists and community leaders in Omaha.
“My conclusion is that Ed did not receive a fair trial in 1971 and was wrongly convicted of a crime in which he had no involvement,” she said.

Ed Poindexter, left, with Michael Richardson, who wrote a book on the case, in 2016.
At 75, Poindexter is at increased risk of death if he were to contract COVID-19 and is no longer a threat to society, she said. A pardon would not mean that he is innocent, but would show compassion, show that he’s paid his debt to society, and would allow a very frail inmate to live out his final days outside of prison, the physician said.
“I hope you appreciate the sense of urgency associated with this decision,” she told board members. “You are Ed’s last hope.”
Author Michael Richardson, who worked in North Omaha at the time of the bombing, maintained in a book last year that Poindexter and Rice were framed for the murder by federal and local law enforcement officials.
The book says that the prosecution’s star witness, Duane Peak, lied on the stand and that law enforcement planted evidence.
Peak, then 15, testified that he was acting at the direction of Rice and Poindexter when he loaded a suitcase with dynamite, planted it in a vacant North Omaha house and called police to report a woman screaming there. But in 2007, a voice expert who analyzed a tape of the phone call said it was “highly probable” that the deep voice on the call was not Peak, who was granted immunity for his testimony.
The Nebraska Supreme Court ultimately rejected a request for a new trial. After Richardson’s book was published last year, Ricketts and Douglas County Attorney Don Kleine both rejected requests to reopen the case.
In 1974, U.S. District Judge Warren Urbom overturned the convictions of Rice and Poindexter, ruling that police had illegally searched Rice’s home. But their convictions were later reinstated on appeal.
In 1993, the State Board of Parole recommended that Rice’s life sentences be commuted by the Pardons Board to a period of years, a necessary step to become eligible for parole. But the Pardons Board rejected the move.
Timeline: The bomb slaying of Omaha Police Officer Larry Minard
Omaha police officer Larry Minard was murdered at the age of 29 on Aug. 1970 in a booby-trap killing. Two men — David Rice and Edward Poindexter — were convicted of the crime and handed life sentences in a high-profile case that has drawn much attention over the years.
Aug. 17, 1970: 29-year-old Omaha police officer Larry Minard and his partner, John Tess, were dispatched to a house after a 911 call at 2:07 a.m. reported a woman screaming. When Minard leaned over to examine a suitcase at the vacant house at 2867 Ohio St., it exploded, killing Minard. The remains of the house are shown here. Seven other officers were injured in the blast. Mayor Gene Leahy said he was awake in his home 40 blocks away and “I heard the blast. I dialed 911 to find out what happened.”
Aug. 21, 1970: Poindexter, the chairman of the local National Committee to Combat Fascism, said that if authorities, following a tip, showed up at the NCCF headquarters with a warrant to search for dynamite and machine guns, “we’ll let them in.” But in the wake of police violence against black men, “they shoot us, we’re definitely going to shoot back. We’ll be throwing everything at them they throw at us in spite of our deaths, but we have nothing to hide.”
Aug. 22, 1970: Peak was charged with first-degree murder in the Minard killing. Poindexter, whom police said would be charged with conspiracy to commit first-degree murder, and Donald Peak, Duane’s brother, were arrested. Duane Peak had not yet been arrested. Police said a raid found dynamite, blasting caps and rifles at the home of David Rice, and a pickup order for Rice was issued by police.
Aug. 27, 1970: David Rice, center, surrenders at police headquarters at 10:57 a.m. Ernie Chambers, a spokesman for Rice, said Rice surrendered by “individual choice” and “not by coercion or pressure.” Rice was charged with possession of explosives. Also pictured are patrolman Marvin McCarty, left, and Sgt. Pitmon Foxall, right.
Aug. 28, 1970: Duane Peak was found sleeping on the porch of an Omaha home near 25th and Bristol Streets around 2:55 a.m. and was captured by police, who were acting on a tip given to the FBI. The two were the 16th and 17th people arrested in connection with the Minard killing. Here, Peak is pictured in 1971 leaving a courthouse.
Sept. 28, 1970: At a preliminary hearing, Duane Peak — also charged with murder in the case — changed his testimony. After first saying Poindexter and Rice had no connection to the slaying, after a recess Peak said Poindexter and Rice gave him a suitcase that contained dynamite and a triggering device. Peak later said he planted the booby trap. Asked if he was reminded during the recess of “a few things that could happen to you.” Peak said “yes,” though he also said he was not threatened during the recess. Rice and Poindexter entered pleas of not guilty to first-degree murder charges during the hearing, and trial was set for April 1971.
April 12, 1971: Poindexter takes the stand in his own defense, denying Duane Peak's story linking him and David Rice to the Minard slaying. Among the statements Poindexter made while on the stand include his belief that "police are tools of the power structure," and that while he didn't know how traces of ammonia dynamite were found on his camouflage jacket, he helped transport dynamite while deployed in Vietnam. Poindexter received an honorable discharge from the Army in Dec. 1968 after serving in West Germany and Vietnam.
April 17, 1971: Ed Poindexter, left, and David Rice wait for a jail elevator after both men were convicted by a jury of killing Larry D. Minard. Both men were given life sentences. Warden Charles Terry, wearing business suit in foreground, Sheriff's Capt. Frank Elliott, also in civilian clothes, and uniformed deputies escorted the pair.
RUDY SMITH/THE WORLD-HERALD
Aug. 2000: Rallies in support of Poindexter and Rice are staged in Lincoln and Omaha and a fundraising event is held at Creighton University. About 300 people attended the Creighton fundraiser, and 250 to 300 heard prison reformer and activist Angela Davis speak Monday at the State Capitol in Lincoln, pictured. Other well-known people to speak out on behalf of Rice and Poindexter are actor Danny Glover, former U.S. attorney general Ramsey Clark and longtime state senator Ernie Chambers.
Sept. 2005: An attorney for Edward Poindexter asked a judge to order a voice test on the man who was the key witness in the 1970 booby-trap bomb killing. Poindexter's attorney said the voice test would identify whether Duane Peak was the 911 caller who lured Minard to the vacant house where the officer was killed when dynamite in a boobytrapped suitcase exploded. Peak admitted to calling 911 to lure police to the house where Minard was killed, though many maintained that the 911 caller's voice was deeper and vastly different from Peak's and that Peak was coerced by the government into testifying against the two men. Prosecutors have said they had ample evidence, including dynamite and tools found in Rice's home and dynamite particles found on Rice and Poindexter's clothing. They also have noted that Peak testified that he disguised his voice when he called 911. After initially refusing to implicate Rice and Poindexter, Peak went on to testify of their plot to "blow up a pig."
June 19, 2009: The Nebraska Supreme Court rejects a request for a new trial for Poindexter, ruling that he failed to show that any new evidence would change the outcome of his trial. It was one of more than half a dozen denials at various levels of the court system over the years. Pictured, Nebraska assistant attorney general Linda Willard argues against Ed Poindexter's release in front of the Nebraska Supreme Court in 2008.
Larry Minard Jr. stands with his wife Bobbie, daughter Jessica, right, and granddaughter Alissa in front of Omaha Police Headquarters in 2010, 40 years after the booby-trap bomb death of Minard's father, Larry Minard Sr. One piece of memorabilia Minard has is a letter his father, who was in the Navy, wrote to him when he was seven months old. "In years to come," Minard Sr. wrote, "we will have lots of fun together. … We will go a lot of places together, hunting and fishing and so on. … We will have all kinds of time to talk things out together."
March 11, 2016: David Rice, pictured in 2000, dies at the Nebraska State Penitentiary at the age of 68. In the wake of his death, Carol Booher, one of four surviving children of Minard, said she has never forgiven Rice or Ed Poindexter. “I’m really struggling with the whole thing,” Booher said. “I guess I thought when they were finally gone, it would be over and there would be peace and closure. But it’s not going to bring my dad back."
paul.hammel@owh.com, 402-473-9584