How does Winkler plea not guilty?

Former McMinnville resident Mary Winkler entered a not-guilty plea Wednesday to the charge of murdering her husband, popular preacher Matthew Winkler.

For a woman who police say confessed to the crime, this is a puzzling twist. Even her own lawyers don?t deny Mary Winkler was the one who fired the deadly shot with attorney Steve Farese saying ?that would probably be a stretch for us? when asked if the defense planned to say another person was responsible for the shooting.

I?m no legal expert, but what gives? How can you shoot your husband in the back and not be responsible for his murder?

It?s with that in mind I called Michael Galligan, who I consider one of the best defense lawyers in the Midstate. I?ve found if I have courtroom questions, Galligan usually has answers.

While Galligan is in no way affiliated with this case, he is very familiar with defense tactics. Galligan is currently using a self-defense strategy in the local case of Billy Joe Griffin, accused of second-degree murder in the May 7 shooting death of Chad Nunley.

Galligan said Winkler could try a self-defense strategy or try to prove she is not guilty by reason of insanity. The defense could also contend she is not guilty because of diminished capabilities because of past abuse, either verbal or physical.

?Here?s a lady not living a life of crime,? Galligan said. ?There has to be something that caused her to do it.?

As for whether any of the above-mentioned defense strategies has a chance of working for Winkler, Galligan didn?t sound overly optimistic.

?They have two very hard facts to overcome,? said Galligan. ?No. 1, he was shot in the back and that?s not good. No. 2, she was found in Alabama and fleeing the scene is evidence of guilt.?

Every person is entitled to their day in court and I don?t intend to try and convict Mary Winkler in this column. But I am sick and tired of people sidestepping responsibility by blaming their actions on some medical disorder.

That is surely going to be the defense for Winkler, mainly because there is no other option. Said Leslie Ballin, another of her defense lawyers, ?Each of those years, each of those months, each of those days of marriage has a history to it … Things that led up to March 22 need to be told to this jury.?

My objection is it?s sure convenient Matthew Winkler isn?t around to tell his side of the story. Mary Winkler can claim he slapped her every morning after his coffee and he?s not alive to say otherwise.

Or here?s a novel idea: Since Mary Winkler knew how to round up her kids and flee to Alabama, why didn?t she do exactly that. All she had to do was leave out the part about shooting her husband in the back and she would have been OK.

If Winkler was clear thinking enough to drive to Alabama, she knew what she was doing at the time her husband was killed. She even drove to a town where the family frequently vacationed.

But people are quick to make excuses (think Pamela Rogers, think Andrea Yates) when it?s a woman committing the crimes. One member of Fourth Street Church of Christ, where Mr. Winkler was the preacher, made a plea for Mary Winkler to be released from jail until her Oct. 30 trial.

?She needs to be where she can see her children,? said church member Jimmie Smith. ?She?s not going to run.?

Actually, if Mary Winkler is so mentally unstable she can murder her husband and not even realize what she?s done, her children are the last people she needs to see.

James Clark is editor of the Standard. He can be reached at 473-2191 or by e-mail at [email protected].