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trial date in Mary Winkler Case
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gozgals



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PostPosted: Mon Feb 26, 2007 1:39 pm    Post subject: trial date in Mary Winkler Case Reply with quote

Winkler's trial set for April 9

An April 9 trial date has been set for Mary Winkler, the minister's wife facing a first-degree murder charge in connection with the shooting death of her husband, a defense attorney confirmed Friday.
"That was an agreed-upon date,'' attorney Steve Farese Sr. said in a telephone interview. "I think everyone is ready to get this tried.''


McNairy County Circuit Court Judge Weber McCraw issued an order Friday setting the trial date.

Farese said defense attorneys and prosecutors settled all but one of the remaining defense motions in conference. A date has not been set to hear the final motion.
McCraw heard testimony Thursday from witnesses in connection with a defense motion to suppress evidence seized from the home of Mary Winkler and her husband, Matthew Winkler. Matthew Winkler, 31, was the minister at Selmer's Fourth Street Church of Christ.

The judge took the motion into consideration and has said he will issue a written ruling.

Farese has said he filed the motion because police obtained the evidence without a search warrant.

Church members said they went looking for Matthew Winkler at the parsonage when he didn't show up to teach his Bible class on the evening of March 22. They found him dead in the couple's bedroom.

The church members called police, who searched the home for evidence and proceeded to remove items as the investigation progressed.

Assistant District Attorney General Walter Freeland called four witnesses Thursday who

testified that after the crime scene was processed, search warrants were obtained. He said many of the items found outside of the bedroom are not expected to be presented during the trial.

Mary Winkler was arrested the day after the shooting in Orange Beach, Ala., where she had taken the couple's three young daughters. She has pleaded not guilty to the murder charge and is free on bond, living and working in McMinnville.

The Tennessee Bureau of Investigation has said that Mary Winkler was involved in check-kiting, which involves writing a check on one bank, depositing it at another bank and then withdrawing the funds before the check clears. But defense attorneys have said that both Winklers were the victims of a "Nigerian-type scam," in which people are asked to pay advance fees to receive supposed lottery winnings.

Defense attorneys also have said that at trial they will present allegations that Matthew Winkler abused his wife physically, sexually, mentally and verbally.


http://www.jacksonsun.com/apps/pbcs.dll/article?AID=/20070224/NEWS01/702240311/1002

Comments: I think we may have another thread on the Winkler case somewhere to be merged but could not locate it Rd, anyone?

Gozgals
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gozgals



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PostPosted: Mon Feb 26, 2007 1:44 pm    Post subject: another link Reply with quote

http://www.foxnews.com/story/0,2933,254021,00.html?sPage=fnc.national/crime


Slain Pastor's Wife Wants Evidence Excluded, Says Cops Illegally Searched House
Friday, February 23, 2007

Feb. 22: Mary Winkler, left, heads to court in Selmer, Tenn.

SELMER, Tenn. — Lawyers for a small-town minister's wife argued Thursday that police illegally searched her family's residence after her husband was found shot to death on a bedroom floor.

Mary Winkler, 32, is charged with first-degree murder, and defense lawyers don't want prosecutors to introduce evidence seized at the Church of Christ parsonage, including bank records.

Matthew Winkler had been pronounced dead by a physician and no one else was in danger when police searched the residence on March 22, defense lawyer Steve Farese argued.

"Once that place was secure, they had to get a search warrant," Farese told Judge Weber McCraw.

Prosecutor Walter Freeland said local police and agents with the Tennessee Bureau of Investigation conducted themselves properly at the Winkler residence, about 80 miles east of Memphis. He said the family's finances would have been investigated regardless of what was found in the home.

Weber said he would issue a written ruling on the defense request, but gave no indication when.

Prosecutors refuse to give a motive for the shooting, but Winkler told authorities she shot her 31-year-old husband after a night of arguing over finances and other family matters.

Her lawyers say the family had fallen victim to a foreign check scam. They also imply their client was physically and emotionally abused by her husband.

Winkler is free on bond while awaiting trial.
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gozgals



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PostPosted: Sun Apr 08, 2007 3:26 pm    Post subject: Update Reply with quote

http://www.courttv.com/trials/winkler/040607_background_ctv.html?link=newsletter


Trial to open for pastor's wife accused of murdering her husband

By Emanuella Grinberg
Court TV
To the congregants of the Fourth Street Church of Christ in Selmer, Tenn., Pastor Matthew Winkler and his schoolteacher wife, Mary, represented the model Christian family.

That image was shattered on March 22, 2006, when church elders found Matthew Winkler lying face-up in his parsonage bedroom, dead from a gunshot to the back. His wife and their three young daughters were gone.

The following day, authorities announced they had arrested Mary Winkler in Alabama after she allegedly confessed to shooting her husband, a third-generation minister who had moved his family to Selmer the year before.

According to court documents, Winkler told agents with the Tennessee Bureau of Investigations that she "snapped" under the pressure of her husband's constant criticism of "the way she walked, what she ate, everything."

In the months that followed, Mary Winkler's relatives spoke out on her behalf on national television, accusing her husband of emotional, physical and sexual abuse during their 10-year marriage.

But prosecutors claim Mary Winkler shot her husband in cold blood as he lay in bed, after he confronted her over a check-kiting scheme in which she had allegedly become entangled.

Beginning Monday, a 12-person jury from McNairy County will be selected and tasked with deciding whether Mary Winkler intentionally shot her husband after careful premeditation, as prosecutors allege. She faces 51 years in prison if convicted of first-degree murder.

Lawyers for Mary Winkler, who is out on bond, would not comment on their trial strategy. But court records indicate they intend to call at least three mental health experts to testify about issues arising from post-traumatic stress disorder and depression.

The defense has filed a motion asking the judge to allow the jury to consider the lesser charges of second-degree murder, voluntary manslaughter or reckless homicide, which indicate a lesser degree of culpability and could mean a reduced sentence.

A proposed defense jury questionnaire, which was subsequently rejected by the judge, also provides some insight into issues Winkler's defense will likely raise during the short trial.

Questions such as, "Have you known anyone who stayed in an abusive relationship?" and "Have you ever personally known someone accused of spousal abuse?" specifically address abusive marriage. Another question asks potential panelists if they believe that a personal who suffers from battered wife syndrome, "Can use the syndrome to establish they were forced to use self-defense?"



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rd



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PostPosted: Sat Apr 14, 2007 1:17 am    Post subject: Reply with quote

"My ugly came out"

Well, alright then, next case...

rd
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jane



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PostPosted: Sat Apr 14, 2007 12:48 pm    Post subject: Reply with quote

Quote:
My ugly came out.
An understatement, Mary!
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gozgals



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PostPosted: Wed Apr 18, 2007 10:26 am    Post subject: Mary claims abuse on stand Reply with quote

http://www.foxnews.com/story/0,2933,266667,00.html?sPage=fnc.national/crime


Preacher's Wife Takes Stand in Husband's Murder Trial
Wednesday, April 18, 2007

<snip>
SELMER, Tenn. — A preacher's wife accused of shooting her husband to death took the witness stand to testify Wednesday morning at her murder trial.

Mary Winkler's defense attorneys are expected to conclude their case Wednesday. The defense's depiction of the Winklers' marriage contrasts radically from the description by the prosecution, whose witnesses described Matthew Winkler as a good father and husband.

A psychologist who testified for the defense Tuesday said Mary Winkler had said her husband often threatened her with a shotgun and forced her to have sex and watch pornography.
<snip>

Comments: What does everyone think? Do we really believe that Mary was abused by her hubby or she just chose to kill him while he slept? I think she shot him, maybe he just criticized her and she wanted out, but that is no excuse for shooting him in the back.

I guess like you said, "the ugly came out!"

Poor poor Mary, I'm not buying her story......


Gozgals
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jane



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PostPosted: Wed Apr 18, 2007 9:37 pm    Post subject: Reply with quote

Hi Goz. I'm trying to get a handle on why events unfolded as they did. Mary Winkler had lots of stress factors in her life:
    looking after small children (a joy, but still stressful)
    financial problems
    trying to deal with financial problems with a bad checks scheme
    apparently no extended-family support (estranged from her father)
    being a minister's wife (need to appear perfect, distance from fellow church-goers)
    according to Mary's defense, constant nit-picking criticism from her husband
    looks like the defense will claim other forms of abuse on the part of her husband

Even if the last two items are not true, there was a great deal of stress in Mary's life. The bad checks scheme and murder are both really unacceptable ways (to put it mildly) of reacting to her situation.

It is a very sad thing - I feel very sorry for the children and certainly hope their lives will take a turn for the better.
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gozgals



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PostPosted: Wed Apr 18, 2007 11:28 pm    Post subject: Reply with quote

It seems like you summarized the events rather well Jane but as you know and I agree, the children always seem to suffer in these situations. That is the sad part. Mary, it appears, had to present perfect in the lifestyle she lead. The last woman I posted that went missing was also a Pastors wife. She seems to have gone missing of her own accord by what I have read. It may be their lives have to follow a certain set of guidelines that produce stress in ways many of us do not have created for us.

Granted, many of us live under harsh, stressful circumstances but do not harm others. It is so sad what transpired here. I do not believe Mary was physically abused though. There appears to be no evidence pointing to any facts that can lead me to this conclusion. It is always the attys. job to cast doubt though. It will be interesting to see what happens during the conclusion of this trial.

Have a good evening Jane.

Goz
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gozgals



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PostPosted: Fri Apr 20, 2007 1:08 am    Post subject: Conviction Reply with quote

Today, a Tenn jury convicted Mary Winkler of voluntary manslaugher. She could face up to three to six years in prison when she is sentenced on May 18. The judge could also consider alternatives to incarceration.

This really came as a shock to me.

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jane



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PostPosted: Fri Apr 20, 2007 8:17 am    Post subject: Reply with quote

Hi Goz. I'm not even sure why the charge was voluntary manslaughter instead of murder.

I saw a bit of Nancy Grace last night and heard that the jurors appeared to find Mary Winkler a very credible witness. Also heard that there are photos of her having a good time at a bar a few months ago having a completely different demeanor than in court.

There were sexy shoes and a wig presented at the trial with the assertion that Mary's husband made her dress up slutty for sex. Nancy Grace pooh-poohed that, saying that she guessed Victoria's Secret should fold. But it's one thing to dress sexy because you want to and something else to be coerced. But, as Nancy pointed out, it's Mary's word only. The jury, though, found her very convincing.
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gozgals



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PostPosted: Fri Apr 20, 2007 8:36 am    Post subject: Reply with quote

I missed NG Jane, but I find it amazing still she was not charged with murder and the jury actually gave her a pass. Something seems wrong to me. I guess I was not there, and she must have been very credible.

One never knows what way a jury will decide. I wonder what the final outcome will be.

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jane



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PostPosted: Fri Apr 20, 2007 8:04 pm    Post subject: Reply with quote

The jury did find her guilty of voluntary manslaughter - I think it's a confusing case for those of us who didn't follow it closely (you and I are scratching our heads over the charge itself).
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MrRich



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PostPosted: Tue May 01, 2007 5:48 am    Post subject: Reply with quote

It's my understanding that she was charged with first degree murder but the jury had the option of finding her guilty on a lesser charge. Ten of the twelve jurors were women. You have to wonder if this was a man charged with killing his wife if they would have considered manslaughter? As far as I'm concerned she killed her husband because he yelled at her for blowing a lot of money on an idiotic scheme and then concocted a lame defense about abuse, with nothing to prove it. They were scheduled to meet with the banker the day of the murder to address a $5000 negative balance. What a coincidence that she chose that day to kill him for making her give him kinky sex.

-Rich
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gozgals



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PostPosted: Tue May 01, 2007 5:14 pm    Post subject: Reply with quote

Mr Rich

Quote:
As far as I'm concerned she killed her husband because he yelled at her for blowing a lot of money on an idiotic scheme and then concocted a lame defense about abuse, with nothing to prove it.


I agree and have stated this before.

If a man committed the same crime, they would have hung him. No excuses or pleading would have been accepted. MW got a walk on this one because, and only because, she was a woman..

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jane



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PostPosted: Mon Jul 09, 2007 11:26 pm    Post subject: Reply with quote

Hi everyone!

I just saw Dateline on the Winkler case.

About the check kiting scheme - the defense claimed that, although Mary's signatures, and not Matthew's, were on the checks, Matthew was behind the scheme. The money was merely used to catch up on normal family bills.

According to Mary's testimony, Matthew would stop up the baby's nose and mouth with his hands to stop the crying (he did this with the first daughter when an infant and with the youngest infant daughter on the morning of his death.)

Also, according to Mary, he shoved her (Mary) out of bed that morning when the baby began to cry, with his foot into her back - she fell to the floor.

Some of the exhibits of the defense included a high platform shoe and wig that Mary claimed Matthew had her dress up in for sex, as well as pornography from Matthew's computer that had a similar (or identical?) shoe. (I don't know why they showed only one shoe - why not the pair?)

When Mary was 13 years old one of her sisters died, which a pychologist testified (partly because there was no grieving and Mary's parents didn't let her speak to the school guidance counselor at the time, which apparently she wanted to do) led to mild depression and post traumatic syndrome (worsened by the abusive marriage). PTS can cause a person suffering from it to go into a mental 'fog'.

The verdict the jury chose was right in the middle of the range the judge set before them.

To corroborate the abuse, a witness (two witnesses?) from the church testified that Mary had had a black eye and that she tended to be more animated and sociable when her husband was not around - abruptly shrinking into herself and hanging her head when he appeared, as though someone had flipped a switch.

Mary's testimony and that of the church witnesses struck me as credible.

One of the jurors said she felt that Mary was holding back about the extent of the abuse, and I felt the same.
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