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MISSING FEMALES One rationale provided for the "no-body-required" rule is that a murderer should not be entitled to acquittal simply because he successfully disposes of a victim's body. "That is one form of success for which society has no reward."

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Old 01-29-2010, 11:56 AM
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bb45 Delores Nicely ("Jeannie"),Missing, Ohio, 1985

From a court document: May 17, 1988

In this case, the alleged victim's body was never found and the defendant, Donald Nicely, made no confession. Delores Nicely ("Jeannie"), the victim and wife of the defendant, disappeared April 23, 1985. She had gone to her place of employment on her day off at the request of a co-worker. After staying about two hours, Jeannie asked her co-worker to have a few drinks with her at the Terraine Club. The co-worker testified that Jeannie went home first to change her blouse but that she left her purse and cigarettes at her place of employment. Jeannie's purse contained vehicle title and registration, driver's license, medications, money, and other personal effects. She never returned.
Jeannie regularly visited her daughters, Kathy Smallwood, who lived only a short [529 N.E.2d 1237] distance away, and Kelly Poth. Neither daughter has seen or heard from Jeannie since April 23, 1985.
The defendant and his wife had a stormy marital relationship. Kathy stated that her mother practically lived

Page 148
with her in her nearby trailer home and that she (Kathy) was holding $130 from each of her mother's paychecks for her so that Jeannie could leave the defendant.
The night of Jeannie's disappearance, the defendant's son, Ronald, brought his father to the trailer home the defendant shared with Jeannie, after which Ronald saw Jeannie's car arrive. The defendant had been fishing with family members and drinking beer that day. Ronald then drove home. In his tape-recorded statement to investigating officers made several days after Jeannie's disappearance, the defendant claimed that Jeannie came into the trailer, sat on the couch and then went room-to-room throughout the home. She was glassy-eyed and told her husband she was leaving him. He stated that his wife got an old purple robe, a couple pairs of jeans, some panties and other items, wrapped them in her robe, called him a bastard, and asked him to tell Kathy to "call me off work in the morning." His wife also told the defendant to tell Kathy that she had quit her job. Jeannie then left in a red pickup truck.
A witness stated that Jeannie had previous conversations with a man in a red pickup truck in the parking lot of her place of employment.
Later, the defendant went to his son's house, driving Jeannie's car. The defendant pulled out a mattress and went to sleep downstairs while his son Ronald slept upstairs. Ronald did not see the defendant leave the house. At 4:30 a.m., the defendant drove Jeannie's car to Kathy's trailer home and told Kathy that her mother had left him and was not coming back. He appeared shaky and stated Jeannie had gone away with a man in a red pickup truck. He wanted Kathy to call Jeannie's employer and tell them she had quit. He said that not only was Jeannie not coming back, but that she would not be calling Kathy or her sister again.
After the defendant left, Kathy followed the defendant to his home. Her mother's car was there. Upon entering the home, she noticed that the bedroom was unusually neat and that a pile of her mother's clothes was on the couch. When asked why Jeannie did not take them, the defendant claimed he did not know.
In the statement to investigating officers the defendant admitted that on the evening of April 24 he drove Jeannie's car to a back road and abandoned it. He drove away with his father who had followed him there in his pickup truck. The defendant, however, lied to the officers about the location of the car and denied removing the license plates or any other items, other than his tool box, from the car. A witness at trial testified that the defendant admitted that he not only abandoned the car, but also removed the license plates and took a "bunch of stuff out of the car." The day after Jeannie's disappearance, there was a confrontation between the defendant and both of Jeannie's daughters. When they accused him of stealing their mother's car, he falsely claimed that the car broke down in New Philadelphia. That same day a deputy sheriff in Coshocton County discovered Jeannie's car near Wills Creek. Jeannie's daughter Kelly testified that during the confrontation, the defendant told her that Jeannie went to "Ann's," Jeannie's sister's home. When accused of lying and hurting Jeannie, the defendant said, "Oh babe you know I didn't hurt your mom."
Upon investigation it was determined that the car was driven up the road to an abandoned bridge and then backed into the position where it was found by investigating officers. Tracks

Page 149
of a second vehicle were also present, which the defendant's father admitted were made when he drove to the scene with his son. On the roadway to the bridge was a wet area of pavement with evidence of blood spots, the size of the trunk of the car. When examined, the trunk was wet and clean except for some spots of blood, pine needles, blades of green grass, and a cluster of medium blue [529 N.E.2d 1238] cloth that had been caught in the hinge of the trunk. A spot of blood was also found on the ground under the trunk.
A tire was found between the driver's seat and the back seat. An area of blood, confirmed to be Jeannie's type of blood through genetic markers, was arched across the back seat. The same type of blood was smeared on the side panel next to the seat, and a trail of blood had dripped down and onto the floor. A blanket in the back seat was confirmed to have evidence of Jeannie's type of blood on it. Blood identified as human was found on various items in and around the car. A blood spot identified as being Jeannie's type was found on the defendant's trousers. There was also testimony that the defendant had trapped animals. The furs were transported in the car and were frequently bloody.
Divers recovered from Wills Creek a bag containing several items and weighted with a piece of concrete. The concrete came from the bridge area and some of the other items came from the trunk of Jeannie's car. The bag also contained a robe, which the victim's daughter testified belonged to Jeannie, a blue electric blanket, and a brown electric blanket. The blue blanket had a tear in it, fibers from which matched those in the trunk hinge. The neck area of the robe contained a knife-like cut. There was no positive test for blood on these items.
Upon examination of the victim's trailer home, investigators found blood on the table, on the couch in substantial amounts (confirmed to be Jeannie's type), on both arms of a chair, as a hand print on the wall, on the carpet between the table and chair, and in the entranceway. Knife-like holes and human blood were on a blanket found in the back of the truck driven by defendant's father.
After the defendant was arrested, he made a tape-recorded phone call from the jail. He called his mother, insisting twice that his father change the tires on his truck. He expressed concern about his sister's turning over his trousers to the authorities. Further, the defendant expressed concern about his wife being found or her body being found.
There was an extensive search for the body or other incriminating evidence at the victim's home, around her car, in an area of the river, and on Ronald Nicely's farm. Nothing more was found.
The defendant was indicted by the Tuscarawas County Grand Jury for the aggravated murder of his wife under R.C. 2903.01. Following a jury trial, he was convicted of murder under R.C. 2903.02 and sentenced to a term of fifteen years to life imprisonment.
On appeal, the court of appeals held that the circumstantial evidence, considered singularly and collectively with the direct inferences therefrom, did not establish either the corpus delicti or the essential elements of the crime of murder. In the opinion of the court, the circumstantial evidence did, however, support a finding that a felonious assault was committed (the corpus delicti ) and that Jeannie Nicely was the victim. The evidence also supproted the conclusion that Donald Nicely was the perpetrator.
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Old 01-29-2010, 12:01 PM
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Default Re: Delores Nicely ("Jeannie"), Still Missing ???

.........Defendant attempted to conceal the whereabouts of Jeannie's car. He told both of Jeannie's daughters and the sheriff's department that the car had broken down near New Philadelphia and that he had left it there. He later admitted to a witness that he had abandoned the car where it was found and had removed the license plates from the car. Further, defendant attempted to conceal the fact that his father had accompanied him to the location where he had abandoned the car. Additionally, while in the Tuscarawas County Jail, defendant had the following telephone conversation with his mother:
"NICELY: * * * they've got Man Arrested for Murdering His Wife.
" * * *
"MOM: Well how could--well, why, did they find her?
"NICELY: No, not yet.
" * * *

Page 156
"NICELY: Ya, Dad ever change his tires.
"MOM: Hum, not yet.
"NICELY: Tell him he better.
"MOM: Un-huh--all right, just the back one?
"NICELY: Tell him to change them all.
"MOM: All right.
"NICELY: They're ready to blow out.
[529 N.E.2d 1244] "MOM: All right.
"NICELY: He'll get hurt.
"MOM: Ah.
"NICELY: You know what I mean?
"MOM: On that blue one?
"NICELY: No, on his truck.
"MOM: Oh, why, they no good?
"NICELY: No, mom, change them.
"MOM: Oh, okay, all right. Oh, boy. I didn't know they allowed you to talk.
"NICELY: Ya, ya, they got me charged with aggravated murder.
" * * *
"NICELY: Make sure he changes them tires."
Sixth, defendant had made a prior threat to kill Jeannie.
Seventh, the state presented testimony by several of the investigating officers and forensic experts regarding the presence of blood in the defendant and victim's trailer home and the abandoned car. One expert witness testified that the amount of blood found in the home was "a large amount," "a very substantial amount," "[l]arge amounts," and a "pool." Further expert testimony indicated that the blood from the couch inside the trailer home was human blood and the same type as Jeannie's. Additional testimony indicated that blood identified as Jeannie's was found inside the abandoned car. The defense presented contradictory expert testimony concerning the blood typing and evidence that the defendant had used the car to carry animals he had killed while hunting. It was, however, the jury's duty to weigh the evidence.
Eighth, items from the car were found along the river bank and in the river near the abandoned car. Several of Jeannie's personal possessions, including the purple robe she always wore, a blanket she kept on her bed, and an old blanket she stored in a closet were found in a bag weighted down by concrete in Wills Creek near the abandoned car. A hole was located in the back neck area of the robe.
Ninth, a blood spot on the leg of the defendant's trousers which were removed from him at the time of his arrest was Jeannie's type and not the defendant's.
Our review of the record indicates that there was sufficient probative evidence from which reasonable minds could conclude, as did the jury at trial, that Jeannie Nicely is dead and that the defendant purposely caused her death. "The fact that a murderer may successfully dispose of the body of the victim does not entitle him to an acquittal. That is one form of success for which society has no reward." People v. Manson (1977), 71 Cal.App.3d 1, 42, 139 Cal.Rptr. 275, 298, certiorari denied (1978), 435 U.S. 953, 98 S.Ct. 1582, 55 L.Ed.2d 803.
Our review of the record causes us to conclude that the jury did not err in finding that there was no reasonable theory of innocence upon which defendant could be found not guilty of the crime of murder.
For the foregoing reasons, we hold that where substantial credible evidence upon which a jury has based its verdict is presented both as to guilt and also as to the corpus delicti of the crime, a reviewing court abuses its discretion by substituting its judgment for that of the jury as to the weight and sufficiency of the evidence.
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Old 01-22-2011, 08:59 PM
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Default Re: Delores Nicely ("Jeannie"), Still Missing ??? Ohio

Akron Beacon Journal (OH)
July 31, 1985
Edition: 1 STAR
Section: OHIO
Page: A1



A MURDER CASE, BUT NO BODY TUSCARAWAS JURY HEARS TALE OF VANISHED WOMAN
Author: Barbara Galloway, Beacon Journal staff writer
Dateline: NEW PHILADELPHIA




Article Text:
Ronald Collins is facing a prosecutor's nightmare.
He must prove that a murder has been committed in Tuscarawas County, even
though no body has been found.
Yet he seemed confident as he began the state's case TuesDAY, that he would be able to prove 41-year-old Delores "Jeannie" Nicely was murdered by her
estranged husband and did not run away with a truck driver, as the defense
contends.
Donald Nicely, 46, a small, trim man with streaks of gray in his dark hair
and beard, has been in the Tuscarawas County jail for the past three months,
charged with aggravated murder and unable to pay the $100,000 cash bond set by Common Pleas Judge Harlan Spies (pronounced "speez").
Collins said Nicely -- with premeditation -- killed his wife between 10
p.m. April 23 and 4:30 a.m. April 24.
But he said it was most likely between 10 p.m. and midnight April 23, after Mrs. Nicely left Don's Deli and Donuts in Newcomerstown, where she worked, and went to her mobile home in a trailer park just outside of town.
Co-worker Terry Frye testified TuesDAY, that she and Mrs. Nicely had planned to go to a local club that night and that Mrs. Nicely had gone home to change her blouse. She said Mrs. Nicely never returned to the store, even though she had left her purse with money, driver's license, car title and registration
there.
Collins said he may not have a body, but does have other proof of a murder: Mrs. Nicely's 1970 Ford Mustang, abandoned near an unused bridge over Will's Creek in Coshocton County. Collins said although the car's trunk and interior apparently had been cleaned out, later tests showed massive amounts of human
blood in the trunk and bloodstains elsewhere on the car.
More bloodstains were found on the couch in Mrs. Nicely's mobile home and
bloody handprints on the walls.
Traces of blood also were found on cleaning rags found in the house, Collins said. A nylon feed sack recovered by divers beneath the bridge near where the car was found. Collins said the sack, weighted with a chunk of concrete,
contained Mrs. Nicely's purple robe, blue and brown electric blankets, and
items from the trunk of her car. He said the robe and blue blanket both had
bloodstains and five-eights- inch knife holes.
The defense objects
Attorney William McLane of Uhrichsville, appointed to assist public defender Gerald Latanich, said Collins's means of tying these things together "may be
worthy of a TV script, but not credence in a courtroom, and certainly not for convicting Donald Nicely of murdering his wife."
McLane, who contends that Nicely was arrested because county authorities
"figured it would be much easier to investigate while he was in jail," said
repeated searches in Tuscarawas and Coshocton counties have failed to turn up any evidence of a body.
"Not only is the sheriff's department still out looking for a body, they're still looking for a case," he told the jury Tuesday.
He said an independent blood expert will show that "the bloodwork was less than stellar" in tests the prosecutor is using for evidence.
He said only two blood samples were matched to Mrs. Nicely's and that much
of the blood could belong to Nicely, whose blood was very similar to his
wife's.
A case like this has never been heard beneath the domed skylight of the
Tuscaraws County Courthouse, where the names of all the county's townships are painted along with scenes of Indians and white settlers, early farming and
sprawling factories.
Both sides agree that the absence of a body may cause problems in the minds of jurors. Of 45 prospective jurors -- all interviewed individually at
McLane's request -- four or five said they could not convict without a body.
Soft-spoken words
In their opening arguments Tuesday, both Collins and McLane spoke so softly that the air conditioner had to be turned off in order for everyone in the
small courtroom to hear.
Beyond that, all similarity between the two men stops.
Collins, 42, started as an intern with the prosecutor's office in 1972,
during his senior year at the University of Akron law school. He became
prosecutor two years later.
Repeatedly expressing concern about pretrial publicity, he would not reveal his hand until he appeared before the jury.
With blond, bushy sideburns and moustache that flow down into his beard,
McLane, 40, looked a bit like a salty sea captain as he peered at the jury
over wire-rimmed spectacles.
He said his evidence will show Jeannie Nicely was not murdered but "boogied with a truck driver." He repeatedly told news people his first witness would
be Mrs. Nicely.
Though his list of possible witnesses still includes Mrs. Nicely, address:
Georgia, McLane said TuesDAY, he had not located her and that a call to his
office last FriDAY, from someone who said she was Jeannie Nicely may have been a hoax.
Collins meticulously wove together the details of his case:
When Mrs. Nicely left Don's Deli in Newcomerstown the evening of April 23,
she drove home to find Ronald Lee Nicely, Donald's son, dropping his father
off at her trailer.
Mrs. Nicely put on her purple robe, then they quarreled.
Nicely then hit her and she fell to the couch, stunned or unconcious. He
went to the bedroom and got a blue electric blanket, putting it over her head, then stabbed her through the back of the neck.
He carried the body to the door, leaving bloody handprints on walls and
furniture. He put the body in the back seat of her green Mustang, then drove
to his son Ronald's farm near Port Washington.
He told his son he needed a place to sleep. While everyone else slept, he
took the body out of the car and laid it in the woods.
Nicely went back to the trailer and cleaned off the bloodstains. He got some of his wife's clothes and put them on a pile on the couch, then made her bed. He went back to the farm for the body, drove somewhere and buried it. While putting the body in the trunk, he ripped a piece of the blanket, which was
found in the hinge of the trunk.
About 4:30 a.m. the following morning, he knocked on the door of Kathy
Smallwood, Mrs. Nicely's daughter by a previous marriage, who lives in the
same trailer park near Newcomerstown. He told Mrs. Smallwood that her mother left with someone, would not be contacting her or her sister, Kelly Poth, and that Mrs. Smallwood was to call Don's Deli to say that Mrs. Nicely quit.
She did not call, because the job was her mother's only means of support.
Mrs. Smallwood said she got dressed and went to her mother's trailer to find Nicely there.
She said Nicely pointed to the pile of clothes on the couch and said her
mother must have been there while he was at Mrs. Smallwood's trailer. Mrs.
Smallwood said she asked him why her mother did not take the clothes with
her, but he said he didn't know. Missing report filed
"His (Nicely's) last words to me were "You know, babe, I'd never hurt your
mother. I love her,' " she said.
She said before she left for work, she told her husband, Mark Smallwood, to contact her sister to see if she could find their mother. Ms. Poth said she
talked to Ronald Lee Nicely the morning of April 24, then filed a missing
persons report with Newcomerstown police. Police Chief James Friel said he
referred it to the Tuscarawas County Sheriff's Department.
Ms. Poth testified that she accused Nicely of hurting her mother when Nicely returned to the Smallwoods' trailer with a friend about 1 p.m. April 24.
Mrs. Smallwood said she then asked Nicely where her mother's car was. Nicely told her it was broken down near New Philadelphia -- the same thing he told
sheriff's deputies after his arrest four days later.
McLane said his client lied to the daughters about the car because he did
not want them to take it. He said Nicely abandoned the car by Will's Creek
because he feared the daughters -- who did not like their stepfather, Nicely
were going to have him -arrested for car theft.
McLane said there is no doubt Nicely also lied about the car to deputies.
"But it's a senseless lie, if he's being investigated for murder," McLane
told the jury. "It gains him nothing." McLane said his evidence will show that Nicely was in a good mood, fishing with his two sons and some friends the day his wife disappeared.
He said Nicely suggested a double date with his son, Donald Jr., the night
of April 23 to celebrate his son's making up with his girlfriend and the
Nicelys' wedding anniversary.
He said when Nicely went to pick up his wife, she "smacks him in the nose," then left with someone in a red pickup truck.
McLane said Nicely could not identify the driver in the dark.
Plaster casts made
Gerald Mroczkowski of the Ohio Bureau of Investigation and Criminal
Identification testified TuesDAY, that he examined the area around the
abandoned car and took plaster casts of some tennis shoe and tire prints.
Both later were found to belong to Draco Nicely, Donald's father, he said.
He said he found an unusual wet spot, about the size of the Mustang's trunk, in the road, and a blood spot near it. He said when the trunk of the car was
forced open, it was very clean and wet. He said pine needles and blades of
grass were found in the trunk.
McLane said he was not worried about any of the evidence presented by
Collins Tuesday -- even the robe and blankets, which caused visible emotional distress in both of Mrs. Nicely's daughters when they were asked to examine
them.
"I don't have to explain anything," he said of the evidence. "It's up to the prosecutor to prove his case." slb
Caption:
PHOTO: (3) Headshots of Donald Nicely and Ronald Collins
Beacon Journal photo by Ott Gangl of Donald Nicely's murder trial
getting
under way with Common Pleas Judge Harlan Spies on the bench in
Tuscarawas
County MAP: A locator map of New Philadelphia accompanies this story
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Old 01-22-2011, 09:02 PM
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Default Re: Delores Nicely ("Jeannie"), Still Missing ??? Ohio

Columbus Dispatch, The (OH)
August 6, 1985
Edition: HOME FINAL
Section: NEWS
Page: D2

Topics:
Index Terms:
MISSINGPERSON MURDER HUSBAND

JURY TOLD ABOUT BLOOD
Dateline: NEW PHILADELPHIA, Ohio
Article Text:
A blood expert told a Tuscarawas County Common Pleas Court jury Monday that blood found in a Newcomerstown, Ohio, mobile home is "probably" that of Delores "Jeannie" Nicely.
Mrs. Nicely, 41, has been missing since April 23. Her husband, Donald L. Nicely, 46, is on trial for aggravated murder in connection with her disappearance.
Dale Laux of the Ohio Bureau of Criminal Identification and Investigation said blood typing and "genetic tracing" showed there is a one-in-20 chance that blood found on Mrs. Nicely's couch and on a blanket in her car was her blood.
He said a piece of cloth found in the trunk of Mrs. Nicely's car, which was found abandoned on a remote township road near Wills Creek in Coshocton County, matches one of the woman's blankets found at the bottom of Wills Creek.
Another of Mrs. Nicely's blankets, blood-stained, was found in a truck belonging to the accused man's father, but Laux was unable to determine if the blood was Mrs. Nicley's.
Laux is the last of 28 prosecution witnesses. The trial, which began July 22, is expected to last through the end of this week.
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Default Re: Delores Nicely ("Jeannie"), Still Missing ??? Ohio

Columbus Dispatch, The (OH)
August 9, 1985
Edition: HOME FINAL
Section: NEWS
Page: 3E

Topics:
Index Terms:
MURDER COURT MISSINGPERSON

MURDER CASE TO JURY
Author: Dispatch State Desk
Dateline: NEW PHILADELPHIA, Ohio




Article Text:
A Tuscarawas County Common Pleas Court jury of eight women and four men was to begin deliberating today in the trial of Donald L. Nicely, 46, who is charged with aggravated murder in the disappearance of his wife.
Delores "Jeannie" Nicely has been missing since April 23.
In closing arguments Thursday, Tuscarawas County Prosecutor Ronald Collins reviewed 80 pieces of evidence he claims prove Nicely murdered his wife, although her body has not been found.
Nicely's attorney, William McLane, said the state's case has a "horrendous lack of consistency" and that the prosecution has "woven a web that does not hang togehter."
The jury will be sequestered until it reaches a decision.
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Default Re: Delores Nicely ("Jeannie"), Still Missing ??? Ohio

Columbus Dispatch, The (OH)
August 7, 1985
Edition: CAPITAL
Section: NEWS
Page: 3C

Topics:
Index Terms:
MURDER COURT MISSINGPERSON

SON EXPLAINS BLOODY CAR
Author: Dispatch State Desk
Dateline: NEW PHILADELPHIA, Ohio




Article Text:
Donald Nicely Jr. testified Tuesday at his aggravated murder trial that his father is a trapper and often has used his stepmother's car to transport bloody animal hides.
Donald L. Nicely Sr., 46, of Newcomerstown, Ohio is on trial in Tuscarawas County Common Pleas Court on a charge of aggravated murder in connection with the April 23 disappearance of his wife, Delores "Jeannie" Nicely.
Mrs. Nicely's body has not been located, but her blood-stained car was found abandoned near Wills Creek in Coshocton County.
The son and two other witnesses said they went fishing with Mr. Nicely the day Mrs. Nicely disappeared. They said he was in a good mood and did not appear nervous or distressed.
Judge Harlan Spies ruled against a defense motion for acquittal. He said the prosecution had presented enough evidence to show that a death had been caused by a weapon.
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Default Re: Delores Nicely ("Jeannie"), Still Missing ??? Ohio

Columbus Dispatch, The (OH)
August 1, 1985
Edition: HOME FINAL
Section: NEWS
Page: C5

Topics:
Index Terms:
MURDER

EVIDENCE PRESENTED
Dateline: NEW PHILADELPHIA, Ohio




Article Text:
More than 50 blood and hair samples were offered as evidence Wednesday in the aggravated murder trial of Donald L. Nicely.
Nicely, 46, of Newcomerstown, is on trial in Tuscarawas County Common Pleas Court for the death of his wife, Delores "Jeannie" Nicely, 42. Her body has not been found.
Gerald Mroczkowski, of the state Bureau of Criminal Identification and Investigation, testified the blood and hair samples were found in Mrs. Nicely's mobile home, in the trunk and passenger compartment of her car, and on some of her belongings found near the car.
The car was found abandoned in a wooded area of Coshocton County several days after Mrs. Nicely disappeared April 23.
Prosecutor Ronald Collins submitted as evidence a written and a tape- recorded statement made by Nicely after his arrest.
In the written statement, Nicely denied he harmed his wife. He told police he watched his wife get into a red pickup truck and leave with another man on April 23.
In the taped statement, he said he had known for a long time that she planned to leave him.
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Columbus Dispatch, The (OH)
August 6, 1985
Edition: HOME FINAL
Section: NEWS
Page: D2

Topics:
Index Terms:
MISSINGPERSON MURDER HUSBAND

JURY TOLD ABOUT BLOOD
Dateline: NEW PHILADELPHIA, Ohio

Article Text:
A blood expert told a Tuscarawas County Common Pleas Court jury Monday that blood found in a Newcomerstown, Ohio, mobile home is "probably" that of Delores "Jeannie" Nicely.
Mrs. Nicely, 41, has been missing since April 23. Her husband, Donald L. Nicely, 46, is on trial for aggravated murder in connection with her disappearance.
Dale Laux of the Ohio Bureau of Criminal Identification and Investigation said blood typing and "genetic tracing" showed there is a one-in-20 chance that blood found on Mrs. Nicely's couch and on a blanket in her car was her blood.
He said a piece of cloth found in the trunk of Mrs. Nicely's car, which was found abandoned on a remote township road near Wills Creek in Coshocton County, matches one of the woman's blankets found at the bottom of Wills Creek.
Another of Mrs. Nicely's blankets, blood-stained, was found in a truck belonging to the accused man's father, but Laux was unable to determine if the blood was Mrs. Nicley's.
Laux is the last of 28 prosecution witnesses. The trial, which began July 22, is expected to last through the end of this week.
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Old 01-22-2011, 09:13 PM
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Akron Beacon Journal (OH)
September 6, 1985
Edition: 1 STAR
Section: METRO
Page: D1



A NEW TOOL AGAINST CRIME CHEMICAL SPOTS TRACES OF BLOOD
Author: Bob Downing, Beacon Journal staff writer





Article Text:
Detective Jeff Burlingame is armed with an unusual weapon for a police
investigator: a plastic spray bottle filled with a yellow-green chemical.
Burlingame, 31, a detective in the Medina County sheriff's office, uses his spray bottle filled with the chemical luminol to show the presence of traces
of blood that otherwise might go undetected.
Luminol can detect microscopic traces of blood that would not show up in
other, more common chemical tests, Burlingame said.
The chemical emits a readily visible, glowing twinkle -- almost like that of a firefly -- when it comes in contact with blood, the detective said.
"It's not a magic trick," he said. "It's not a test that is going to save
the world. It's just another investigative tool, another thing in an
investigator's bag of tricks."
He used his spray bottle and expertise to help convict Donald Nicely in a
widely publicized murder trial in Tuscawaras County.
Nicely, charged in the murder of his 41-year-old wife, Delores, was
convicted earlier this month
in Tuscarawas County Common Pleas Court in New Philadelphia. Prosecutor
Ronald Collins tried Nicely on murder charges, even though authorities have
not found Mrs. Nicely's body.
Authorities contend that Nicely fatally stabbed his estranged wife on April 23 or April 24 and then disposed of her body.
In the Nicely case, Burlingame was contacted by Sheriff Harold McKimmie
about a week after her disappearance to check out Mrs. Nicely's car, which was found in Coshocton County.
Tests showed large amounts of blood had been present in the car's trunk, the front passenger's seat and the car's backseat, even though the areas had
apparently been wiped.
Photos used as evidence in the trial showed where the luminol had glowed in marking the presence of the blood.
Burlingame then used his spray bottle in Mrs. Nicely's mobile home near
Newcomerstown. The luminol revealed a bloody handprint had been on one wall,
although it had been cleaned off. It also revealed blood on a couch and its
cushions, a coffee table, a chair and the carpeting.
The blood, Burlingame said, was not visible to the naked eye because the
mobile home had been cleaned up and because of the color and texture of the
materials.
Pinpointing the blood in the mobile home using other tests would be a
painstaking and time- consuming task, although it was done with the luminol in just minutes, the Medina detective said.
Armed with Burlingame's findings, a blood specialist with the Ohio Bureau of Criminal Investigation did further testing and found that the blood was human, matching Mrs. Nicely's type.
Sheriff McKimmie said at the conclusion of the Nicely trial that Burlingame played "a key role" in the investigation and trial.
Burlingame's boss, Medina County Sheriff L. John Ribar, said he is very
willing to share his detective's luminol expertise with other law enforcement agencies in Northeast Ohio.
For his part, Burlingame already has held a seminar to demonstrate the use
of the chemical to Ohio BCI personnel.
He learned about luminol about a year ago at a three-DAY, class near Orlando, Fla. Gregory Happ, who was then Medina County prosecutor, suggested that
Burlingame attend the program to learn about the test.
Luminol, Burlingame said, is used widely among law enforcement officials in the South and West, but few detectives in this part of the country are
familiar with it.
He said he had "no idea" why luminol is not used by more law enforcement
agencies in Ohio.
"The only thing I can presume is that there are a lot of investigative tools out there, and a lot of forensic tools are not used because people aren't
familiar with them," he said.
Burlingame declined to discuss the detailed use of luminol, saying he would prefer to leave some things unsaid.
"It's not fail-safe, but it is a tool for reconstructing a crime scene," he said. "It's not magic and it's not mystical, but the less criminals know about the chemical the better off investigators will be. In a way, I'd like to keep it just a little bit mystical." ds
Caption:
Beacon Journal photo by Don Roese: Sheriff's detective Jeff
Burlingame with chemicals
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  #10  
Old 01-22-2011, 10:05 PM
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Starless Starless is offline
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Default Re: Delores Nicely ("Jeannie"), Still Missing ??? Ohio

http://books.google.com/books?id=2ip...murder&f=false

..The defendant was indicted by the Tuscarawrus County Grand Jury for the aggrivated murder of his wife under R.C. 2903.01. Following a jury trial, he was convicted of murder under R.C. 2903.02 and sentenced to a term of fifteen years to life inprisonment.

On appeal, the court of appeals held that the circumstantial evidence, considered singularly and collectively with the direct inferences therefrom, did not establish either the corpus delecti or the essential elements of the crime of murder. In the opinion of the court, the circumstantial evidence did, however, support a finding that a felonious assault was committed (the corpus delecti) and that Jeannie Nicely was the victim. The evidence also supported the conclusion that Donald Nicely was the perpetrator.

The court of appeals therefore reversed and vacated the trial court's judgement finding the defendant guilty of felonious assault...
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