LINCOLN – A Knox County man who’s spent eleven years in prison won’t get a new trial on robbery and felony weapons charges.
The Nebraska Court of Appeals ruled Tuesday in the case of Elroy Wabashaw. Wabashaw was convicted of robbery and use of a firearm to commit a felony in 2006 and sentenced as a habitual criminal.
At issue were coins Wabashaw was said to have stolen, among other items. He argued in his appeal that the coins were not presented as evidence at trial because they were falsely claimed during trial to have been sent to a crime lab for testing.
The Knox County District Court ruled in February of 2016 that Wabashaw’s claims weren’t enough for a retrial. The Court of Appeals agreed with them on Tuesday.
This was the latest in a long string of attempts to get post-conviction relief for Wabashaw. He appealed his original conviction three times and twice tried to get a new trial. He’s currently scheduled to be released from prison in 2028.