'Beatrice 6' allowed to appeal judge's decision

By: AP
By: AP

Omaha, NE (AP) - A federal judge has allowed lawyers representing six people wrongly convicted in a 1985 Nebraska murder to go ahead with an appeal of his decision to dismiss Gage County from the six's wrongful prosecution lawsuit.

Such appeals are usually allowed only after a final decision has been reached in a lawsuit. But the lawsuit against three sheriff's officials ended in January with a mistrial.

Lawyers for the six plan to try the case again. The six served a combined 77 years in prison before DNA testing exonerated them in 2008.

U.S. District Court Judge Richard Kopf said Monday it would be a waste of judicial resources to wait until the end of the second trial before appealing the dismissal of the county and others.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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