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Nebraska medical marijuana petition dispute will go to trial

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Nebraska medical marijuana petition dispute will go to trial


LINCOLN, Neb. (WOWT) – The judge overseeing the case on Nebraska’s medical marijuana petitions ruled Friday that the matter will proceed to trial.

In a Zoom hearing Friday morning, Judge Susan Strong overruled the motion to dismiss a cross-claim brought forward by Secretary of State Bob Evnen. She said she was skeptical the cross-claim could stand on its own but would leave questions about standing to the appellate courts.

If passed by voters in November as they stand now, one ballot initiative would allow patients to purchase medical marijuana and the other would allow businesses to sell it.

“We have kind of a burden-shifting situation,” Judge Strong said, noting that good arguments were presented on both sides.

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The trial is expected to take place at the end of October, but Judge Strong proposed to “bifurcate” the trial, potentially dividing the matter into two trials.

And while an extension was sought for issues that weren’t the subject of the original filing, more allegations have come to light that should allow amending of the filings, the judge said.

Certainly some signatures will be thrown out, she said, such as the ones confirmed to be fraudulent. But there may be other situations where the defendants can prove a sufficient number of signatures were collected legally.

But first, the plaintiff and the Secretary of State have to prove the petitions included many signatures that were wrongly obtained — and that intentional fraud was committed, not just clerical errors. If they can’t prove enough signatures are in question that the ballot initiatives would not have been certified for inclusion on the ballot, then the case stops there.

If they do prove it, then it falls to the defendants to prove they obtained enough legal signatures — that circulators and petitions were genuine — to rightly put the matter on Nebraska’s November ballot.

If both arguments are presented and there’s not clear way to tell whether there was widespread wrongdoing, Judge Strong said the decision will default to assume fraud under the precedent of Barkley v. Pool, a case argued in front of the Nebraska Supreme Court in 1919 over women’s suffrage.

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Should the trial move into a second phase, the burden of proof would fall on the defendant to prove that the signatures on the petitions were valid.

That phase likely would be post-election, Judge Strong said.

“That timeline is extremely tight,” she said.

The state’s attorneys said they were supportive of the idea of splitting the case, but the defense said they wanted to talk to their clients about whether to split the case once the formal proposal is filed, so they can see how the state envisions that split.

Regardless, the judge said she is leaning toward doing so, saying that it should benefit the defense as she sees their tasks as daunting.

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“I don’t know how you’re going to concentrate on responding to the plaintiff and the Secretary of State at the same time you’re trying to prove genuineness of signatures. I mean, it sounds like an overwhelming task,” she said.

Noting that the deadlines may need to be fluid given the nature and urgency of the case, the judge granted deadlines to move to Monday for disclosure of exhibits and witnesses and Tuesday for deposition notices.

“Everything has to be somewhat fluid so that I give everybody a fair shake here,” she said at the conclusion of Friday’s hearing.

According to the state’s attorneys, Evnen stands by the work done during the petition certification process.

“It’s clear to us, as we say in our brief, that Sec. Evnen intends to use this case kind of in a broader effort to undermine the initiative process. And we don’t say that lightly. We know that is a bold statement,” he said. “But it’s justified here because he’s advancing a position in this case that has never been adopted by a single court in Nebraska and as far as we can tell has never been adopted by a single court in the entire country.”

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He said that Evnen wants to “balloon” the theory, saying that any mistakes found on certain signatures collected by a petition circulator should not invalidate all 200 pages of signatures collected by that person. The claim moves the dispute from 17,000 to 100,000 signatures.

“It just makes little sense to us that they would come to the court and say, ‘Judge, as a result of notary malfeasance, we want you to strike the will of 100,000 Nebraskans who validly signed this petition.’”

He said the Nebraska AG’s office is conflating “malfeasance” with “fraud” — that malfeasance is a technicality and the plaintiffs aren’t fulfilling the claim of fraud. He also pointed out that notaries have no interaction with the voter, agreeing that if there’s a bad signature by a voter, it should be stricken.

Zachary Viglianco with the AG’s office said that “serious and significant tangible evidence of fraud” has been uncovered in the investigation, noting that two have been officially charged.

“There have been, since the Secretary’s certification, serious and significant tangible evidence of fraud that was uncovered in a investigation in conjunction with local officials that has cast a cloud of certainty over the validity of the signatures — many of the signatures, thousands of the signatures that have been submitted,” he said.

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He said that counter to the defense arguments, the AG’s office has been focused on serious issues with petition validity, not just any mistake for any reason. The crossclaim is focused on serious irregularities, overt fraud, and malfeasance by notaries — criminal activity, not just sloppiness and mistakes.

Evnen has said publicly that he’s not going to take unilateral actions like walking back the certification. Instead, the state is asking the court to look at significant regularities and say whether there are a sufficient number of signatures for the initiatives to legally appear on the ballot.

But Gutman said that Evnen himself would be the one to provide the remedy in the case.

“Secretary of State Bob Evnen is essentially suing himself,” he said.

Defense attorneys said Friday that they hadn’t yet received any notification from the state about which petition pages they allege are fraudulent — that they haven’t been able to examine the evidence. Instead, they said, they were provided a list of all petitions provided from each notary and a general statement saying all are tainted with fraud.

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The attorneys from the AG’s office, however, countered that the entirety of those petitions were precisely those in question, and said those files had been sent out. Those files were so big that even the judge commented on how unwieldy they were, stating that her computer only managed to get about 12% through the file over the span of five or six hours.

  • Notary Shari Lawlor related to petitions submitted in approximately 45 counties.
  • Notary Shannon Coryell related to petitions submitted in approximately 44 counties.
  • Notary Patricia Petersen related to petitions submitted in approximately 54 counties.
  • Notary Kimberly Bowling-Martin related to petitions submitted in approximately 41 counties.
  • Notary Crista Eggers related to petitions submitted in approximately 28 counties.
  • Notary Garrett Connely related to petitions submitted in approximately 45 counties.
  • Notary Marcie Reed related to petitions in submitted in approximately 31 counties.
  • Petitioner Edward Matthews related to petitions submitted in two counties.
  • Peititioner Tommy Davis related to petitions submitted in two counties.
  • Petitioner Linda Middleton related to petitions submitted in three counties

The state says the evidence allegedly impacts petitions collected in at least 71 of Nebraska’s 93 counties:

Read the documents

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Detective speaks out about Nebraska teen’s 1969 murder case

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Detective speaks out about Nebraska teen’s 1969 murder case


(WOWT) – Stabbed at least a dozen times, the body of 17-year-old Mary Kay Heese was discovered along a country road in 1969.

In an update to an exclusive First Alert 6 investigation, the detective who helped solve the decades-long cold case is speaking out.

“It’s been a dark cloud over Wahoo for a long time. There’s a lot of people who remember that,” Saunders County Attorney Investigator Ted Green said.

For nine years, Detective Green has learned much about the victim’s life and how it came to an end.

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“She fought some, there was a struggle,” Green said.

The suspect, Joseph Ambroz, was 22 years old in 1969 and paroled from prison for about six months when he came to live with his mom in Wahoo.

Joseph Ambroz(Kay County Sheriff’s Office)

“I still don’t understand how she got in the car because that wasn’t Mary Kay’s personality,” Kathy Tull, the victim’s cousin, said in an interview.

Detective Green believes a party grove was the destination.

“And she’s just thinking its ok a couple of guys I know from the restaurant and we’re going out for a ride,” Green said.

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Green reveals that Mary Kay likely got in the car with the suspect and another young man who was with them.

“He committed suicide in 77 so if he wasn’t an active participant or just didn’t realize what was going to happened all of a sudden it just happened,” Green said.

A tip line set up by the victim’s cousin led to a lake west of Wahoo where the suspect’s car may have been dumped in 1969 where dive teams found a large metal object.

“It’s everybody’s hope the golden nugget you hope had been there. But there’s evidence I can’t discuss that there’s something there,” Green said.

Evidence that remains in the lake because Green got estimates of up to $400 to pull it from the muddy, murky water.

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But Green said he has plenty more evidence, including an autopsy after exhuming the body of the victim with a forensic pathologist from the Offutt Military Identification Lab adding expertise.

“There’s DNA available, its just I’ve got to go off of we have available to us,” Green said.

Though forensics will play a part in this case, it appears solved the old-fashioned way.

“This is a case that didn’t have anything glaring but had small pieces along the way. This is all gum shoe, all gum shoe work,” Green said.

Green would not respond when asked if he has found a murder weapon.

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The 1969 murder of a small town high school Junior led to hundreds of interviews and tips over 55 years, and the investigation narrowed from ten suspects to one.

“Well been able to exclude everybody mentioned as a suspect way back when except for this guy,” Green said.

Even though the suspect is in custody, the case is not closed.

If you have information on the murder of Mary Kay Hesse, call the Saunders County Attorney’s Office at 402-443-5613.

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Seven behavioral health care providers tapped for new program that helps Nebraskans in crisis • Nebraska Examiner

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Seven behavioral health care providers tapped for new program that helps Nebraskans in crisis • Nebraska Examiner


LINCOLN — Seven behavioral health care providers have been selected to launch a new certification program designed to improve mental health and substance use care across the state — and provide around-the-clock crisis help for Nebraskans.

Called the Certified Community Behavioral Health Clinics initiative, the effort has been described as “transformational.” To start, it will involve: CenterPointe, Community Alliance, Heartland Counseling Services, Heartland Family Services, Lutheran Family Services, South Central Behavioral Health Services and The Well.

The CenterPointe Campus for Health and Well Being, recently completed in Lincoln. (Courtesy of Clark & Enersen)

“This is a significant step for Nebraska,” said Matt Ahern, interim director of the Department of Health and Human Services’ Medicaid and Long-Term Care division. “We’re really excited about this model because it incentivizes a more integrated care — a whole person approach rather than segmenting behavioral health from physical health and everything else happening in a person’s life.”

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Serves all

Selection of providers, announced Wednesday, follows passage last year of Legislative Bill 276, the Certified Community Behavioral Health Clinic Act, sponsored by State Sen. Anna Wishart of Lincoln and signed into law by Gov. Jim Pillen. 

This is a monumental step toward building healthier and stronger communities.

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– State Sen. Anna Wishart of Lincoln

CCBHCs emerged from the Excellence in Mental Health Act, a federal law signed in 2014 to improve the nation’s mental health system. The model ensures that clinics provide a wide array of services, such as crisis response, medication management, psychotherapy and community and peer support.

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In return, providers are allowed to participate in a restructured payment model that better accounts for costs associated with services, according to a DHHS news release. Certified clinics are required to serve anyone who requests care for mental health or substance use, regardless of their ability to pay, place of residence or age. 

Over the next year, the Nebraska DHHS divisions of Behavioral Health and Medicaid and Long-Term Care will work with the seven provider organizations to develop services needed to meet the state requirements and federal criteria determined by the Substance Abuse and Mental Health Services Administration. 

Programs are to be up and running by January 2026.

“The CCBHC model allows a clinic to truly focus on delivering the quality of care and breadth of services a person needs,” said Thomas Janousek, director of DHHS Behavioral Health. “It focuses on reducing administrative barriers for providers which ultimately results in better care for the individuals it serves.”

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‘No-brainer’

By launching the initiative, Wishart said, the state is “transforming” the way Nebraskans access mental health and substance abuse care, in a coordinated and comprehensive way that fills service gaps.

“This is a monumental step toward building healthier and stronger communities,” she said Wednesday.

Wishart has said she expects the CCBHCs to reduce emergency room visits and incarcerations. Data from other states that have implemented such clinics have shown reductions in law enforcement involvement and hospital usage, state officials have said.

Pillen has called the legislation a “no-brainer” for Nebraska. His testimony at a legislative hearing in early 2023 surprised some, as the Republican governor stepped across the political aisle to speak on behalf of a bill introduced by a Democrat, Wishart. 

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At the time, Pillen said that Nebraskans “must come together to solve tough problems.”

After completing the certification program, a provider is to be recognized as a CCBHC, offering integrated physical and behavioral health services to Nebraska families. Services are to include: around-the-clock crisis support; easy access to mental health and substance use care; tailored treatment plans; specialized care for veterans and military personnel; peer support; comprehensive psychiatric rehabilitation.

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Nebraska votes against second ballot measure that would have introduced new abortion protections

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Nebraska votes against second ballot measure that would have introduced new abortion protections


Scripps News and Decision Desk HQ project voters in Nebraska will not pass a measure that would have enshrined stronger abortion protections in the state constitution.

Nebraska’s Initiative 439 would have amended the state’s constitution to provide access to abortion until fetal viability, which is at the end of the second trimester around 24 weeks. It would have also included life of the mother exceptions and very clearly stated that it’s up to the practitioner to determine viability.

The measure narrowly failed. Counting of ballots continued for weeks after election night.

The measure, along with Nebraska Initiative 434, were both on Nebraska’s ballot in the November election.

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RELATED STORY | Nebraska votes to ban abortion after first trimester

Voters passed Initiative 434, which bans abortion after the first trimester. It includes exceptions for medical emergencies, rape and incest.

Nebraska law will continue to ban abortions after 12 weeks of pregnancy. That law went into effect in June of 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.





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