High court overturns conviction, attorney says he was entrapped

BENKELMAN, Nebraska -- The Nebraska Supreme Court has overturned the theft conviction of former Keith County and Dundy County attorney Blake Edwards.

The Benkelman Post newspaper reports that the state attorney general's office must make the next move -- dismiss the case, retry the case or work out a deal with Edwards.

Kevin O'Donnell, an attorney with the law firm that defended Edwards, said the ruling by the Supreme Court overturns the district court's ruling that suspended Edwards' license to practice law. O'Donnell expects Edwards will get his license reinstated soon.

Edwards was accused of misappropriating money that came from fees for a county drug diversion program he set up and controlled when he served as Keith County attorney. He was convicted in 2012 of one count of theft and sentenced to three years probation and his license was suspended.

In November 2010, Edwards lost a re-election bid as Keith County's county attorney. By the time of his trial, he had been appointed Dundy County attorney. When he was convicted, Edwards lost his license and that position. He is now living in Ogallala.

In an appeal to the Supreme Court, the State argued that Edwards' sentence was too lenient. Edwards argued the complexities of "entrapment" and the instructions that the judge gave to the jury.

On Aug. 2, the Supreme Court agreed with Edwards, citing improper jury instructions related to the alleged entrapment, and ordered a new trial.

Clarence Mack, the attorney who defended Edwards, told the Omaha World-Herald newspaper that Edwards maintained he acted in good faith even if he was mistaken about the propriety of making a donation (from the drug diversion program) to a nonprofit group. Mack said that Edwards had no criminal intent.

The original opinion can be viewed here: