A notorious convicted killer is back in court less than two weeks before his death penalty hearing, but standing in the way is the vote next week.
Convicted spree killer Nikko Jenkins is back in Douglas County District Court on Thursday as attorneys argue if it's constitutional to have the death penalty hearing.
In April 2014 Jenkins pleaded “No Contest” to murdering Jorge Ruiz, Juan Pena, Curtis Bradford, and Andrea Kruger in August 2013. The killing spree started 10 days after he was released from prison.
Public Defender Tom Riley, Jenkins’ defense attorney, argued that when the NE Legislature repealed capital punishment there was a 1 ½ month period where there was no death penalty before the petition had enough signatures, so the court can’t increase the punishment now.
“I think everything in the constitution talks about the suspension of the process if the signatures are certified so I think we'll still be moving forward as anticipated," said Douglas Co. Attorney Don Kleine.
Jenkins himself said he wants the hearing to happen either way, so he can get out of solitary confinement and into general population.
Judge Peter Bataillon will take the motions under advisement. The judge also said he doesn't feel obligated to make a decision on the motions before the November 8th election.
