|Nebraska Supreme Court Refuses to Hear Former Priest's Appeal
By Todd Cooper
May 15, 2008
Former Omaha priest Daniel Herek faces a jail stay, and the possibility of prison, after the Nebraska Supreme Court refused to hear his appeal of a conviction for lewd conduct.
The high court recently rejected Herek's request that it further review his misdemeanor convictions on lewd conduct and indecent exposure charges.
Herek, 63, was sentenced to 120 days in jail after a woman testified that she saw Herek masturbating in the Crossroads Mall parking lot in September 2005.
Herek has remained out of jail while he appealed that conviction. He argued that authorities should have informed him about a second suspect police interviewed. The Nebraska Court of Appeals rejected that appeal.
The Nebraska Supreme Court's refusal to further review his conviction means that Herek likely will have to report to jail to begin serving his term in the next few weeks.
It also means Herek will face hearings on whether he violated his probation. As part of his probation, he was required to obey the law.
In 1999, Herek was sentenced to five years in prison and five years of probation for molesting a 14-year-old altar boy at St. Richard Catholic Church in Omaha.
If convicted of violating that probation, Herek could face prison time.
A hearing is scheduled for July.
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