Dec 13, 2020

Inmate who said he was forced to join escape loses appeal

Posted Dec 13, 2020 1:24 AM
Timothy Clausen
Timothy Clausen

OMAHA, Kan. (AP) - A Nebraska inmate who escaped from a maxim security prison with another inmate in laundry carts has lost an appeal that claimed he was forced to participate.

The Omaha World-Herald reports that the Nebraska Supreme Court ruled Friday against Timothy Clausen. The court said that if Clausen wanted to assert that he was forced to join in the escape with fellow inmate Armon Dixon, he should have turned himself in as soon as the two separated.

The court also rejected Clausen's argument that he was denied a fair trial when Dixon and another inmate were barred from testifying in his defense and Clausen's own testimony was stricken.

Dixon, while willing to describe how he and Clausen managed to escape, told the trial judge that he wouldn't testify about who provided him drugs and a cellphone that were used in the escape unless he was given immunity.

The trial judge ruled that the information was closely associated with the crime and that to not allow prosecutors to question Dixon about that would be unfair. Jacobsen also ruled out testimony from the cellmate, saying it was based on hearsay.

Clausen's testimony was also stricken after he shouted to jurors about the disqualification of his two witnesses.