*Perilous Times
Tenn. Preacher's Wife Convicted*
Friday April 20, 2007 1:46 AM
By BETH RUCKER
Associated Press Writer
SELMER, Tenn. (AP) - A preacher's wife who claimed her husband abused
her was convicted of voluntary manslaughter Thursday for killing him
with a shotgun she said fired accidentally as she aimed at him. Mary
Winkler showed no emotion as the verdict was read.
Prosecutors had sought a first-degree murder conviction, but the jury
settled on the lesser charge after deliberating for eight hours. She
faces three to six years in prison.
If Winkler, 33, had been convicted of first- or second-degree murder,
she would have gone to prison for at least 12 years and maybe for the
rest of her life. Her lawyers said Mary Winkler's testimony on the stand
was decisive.
``They had to hear it from Mary; there was no other source,'' defense
attorney Steve Farese said.
Winkler told jurors in powerful testimony Wednesday that her husband,
Matthew, abused her physically and sexually, but she said she did not
pull the trigger and the shotgun went off accidentally as she pointed it
at him.
The prosecution said it was ludicrous to suggest the shooting was an
accident.
Matthew Winkler, a 31-year-old preacher at the Fourth Street Church of
Christ, was found in the church parsonage fatally shot in his back in
March 2006. One day later, his wife was arrested on the Alabama coast,
driving the family minivan with their three young daughters.
Prosecution witness described Matthew Winkler as a good husband and
father, and the couple's 9-year-old daughter testified she never saw her
father mistreat her mother. Mary Winkler also said under
cross-examination that her husband did nothing for which he deserved to die.
``At the end of the day, we're left with the memory of Matthew
Winkler,'' said defense attorney Leslie Ballin. ``And even though there
have been a lot of negative things said about him in this trial, there
were some good things, too, and you heard that from Mary.''
Matthew Winkler's parents, Dan and Diane Winkler, refused to comment
after the verdict.
The prosecution released a statement that said, ``We want the Winkler
family to know that our thoughts and prayers continue to go out to them
for the loss of their son, brother and father, Matthew Winkler.''
The couple's three daughters - ages 2, 7 and 9 - are in the custody of
his parents, but the defense attorneys said Mary Winkler hopes the
verdict will allow her to be reunited with her daughters in the future.
She will be sentenced May 18, but is free on bond until then.
Voluntary manslaughter suggests the crime was committed in an irrational
state and premeditation is not necessary for a conviction.
A psychologist testified Mary Winkler could not have formed the intent
to commit a crime because of her compromised mental condition. Dr. Lynne
Zager said she suffered from mild depression and post-traumatic stress
disorder, which started at age 13 when her sister died and got worse
because her husband abused her.
The jury of 12 included a woman who said she had been a victim of
domestic abuse. They have been sequestered at a motel during the trial,
which began April 9.