High court grants Hotz new trial

The Nebraska Supreme Court last week granted a new trial to former CSC student Joseph Hotz, 28, of Rushville, who was convicted Jan. 12, 2010, of stabbing to death his roommate and fellow student, Kenneth Pfeiffer, 22, of Sebastian, Fla.

The high court issued its ruling Friday in favor of Hotz, who is serving a 42 to 125-year sentence in the Nebraska State Penitentiary for his second-degree murder conviction.

Hotz attorney, Jeff Pickens, of the capital litigation division, said he was in contact with Hotz and told him about the ruling.

“He was happy,” Pickens said.

Both parties have the option to request a re-hearing of the court’s ruling. Pickens said that he had “no intention” of filing for a rehearing.

Shannon Kingery, communications director for the state attorney general’s office, did not respond by press time Wednesday night about whether the Nebraska Attorney General, Jon Bruning, would seek a rehearing.

Bruning stated in a press release issued after Friday’s ruling that the high court ordered the retrial for “procedural reasons.”

“We will retry the case and bring him to justice for his crimes,” Bruning stated.

Bruning’s release also states that the high court “ruled that Hotz was ‘deprived of a fair trial due to the court’s decision to prevent the jury from considering the insanity defense, even though it allowed the defendant to rely upon this defense throughout the trial.’”

Hotz trial at the Dawes County Court House ran from November 2009 to Jan. 12., 2010, before District Court Judge Brian C. Silverman, who retired in December 2010.

“I really can’t [comment],” Silverman said Monday, “because they’re going to retry him.”

A hearing to fill the vacancy created by Silverman’s retirement four months ago is scheduled for April 26. Haug said the judge presiding over the new trial would either be Silverman’s successor, or another district judge.

Dawes County Attorney, Vance Haug, who prosecuted Hotz in the first trial, said the county will have jurisdiction over the new trial, and that Hotz will most likely return to Chadron.

Citing Hotz’s constitutional right to a speedy trial, Haug said that the new trial is likely to begin six months after the 30-day limit the supreme court has to deliver its decision to Dawes County.

Excluding jury fees, Hotz first trial cost taxpayers $70,388, according to Sharon Harrison, clerk of the district court. Factoring in 2010’s inflation rate of 1.63 percent, the new trial will cost about $1,000 more.

Paul Wess, Dawes County public defender, assisted Pickens in Hotz’ defense in the first trial. James R. Mowbray, also of the Nebraska Commission on Public Advocacy, joined them during the appeals process.

Bruning and Assistant Attorney General, James D. Smith, represented the state in the appeal.