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Winkler gained national attention because of
public speculation about her motives and mental health,
allegations of abuse by her husband, her brief flight from the
state, and again for the brief length of her jail sentence. In
August 2008, Winkler was granted full custody of her three
daughters.
Criminal case
According to police, Mary Winkler confessed to
the March 22, 2006 fatal shooting of her husband, whose body was
discovered in their home by church members after he missed that
evening's service. He had been shot in the back with a 12 gauge
shotgun.
The couple had been married since 1996. One
neighborhood family reported that Matthew Winkler had repeatedly
threatened to shoot that family's dog after it strayed onto the
Winklers' lawn. Also, other friends, as well as Mary Winkler's
family, allege that Matthew Winkler had been abusive to Mary.
Winkler maintained this was the reason for the shooting.
After police issued an Amber Alert due to fears
of kidnapping, Mary Winkler and the children (Patricia, then 8;
Mary Alice, then 6; Breanna, then 1) were discovered in Orange
Beach, Alabama. Winkler was placed into custody there and later
extradited to Tennessee to stand trial. When asked by
investigators about what had happened to her husband, Winkler
stated that she and her husband had argued about money and offered
"I guess that's when my ugly came out." A grand jury indicted
Winkler on Monday, June 12, 2006, accusing her of first-degree
murder.
Bond hearing
On Friday, June 30, 2006: Mary Winkler's bond
hearing was held. A Tennessee Bureau of Investigation agent read a
statement Winkler gave to authorities in Alabama, where she was
arrested a day after her husband's body was found. In it, Winkler
says she did not remember getting the gun but she did know her
husband kept a shotgun in their home. The next thing she heard was
a loud boom. Matthew Winkler was shot in the back as he lay in
bed. He rolled from the bed onto the floor, and, still alive, he
asked his wife, "Why?" to which she responded, "I'm sorry." When
she left the home, Matthew Winkler was still alive in the bedroom,
and the phone had been disconnected from its socket. According to
the statement, she and her husband had been arguing throughout the
evening about many things, including family finances. She admitted
some of the problems were "her fault."
Mary Winkler had lost money in what her lawyer
said was a scam. She had deposited checks that came from
"unidentified sources" in Canada and Nigeria into bank accounts
belonging to her and her husband. The checks amounted to more than
$17,000. Winkler had become caught up in a swindle known as the
"Nigerian scam", which promises riches to victims who send money
to cover the processing expenses. She added "He had really been on
me lately criticizing me for things — the way I walk, I eat,
everything. It was just building up to a point. I was tired of it.
I guess I got to a point and snapped."
Bond was later set at $750,000, an amount that
defense lawyer Steve Farese Sr. claimed was excessive and
"tantamount to no bond at all". A plea for reduction of bond was
filed and subsequently denied. Winkler's lawyers, Leslie Ballin
and Steve Farese Sr., also filed motions to throw out her
confession on a technicality, to require prosecutors to state
whether or not they would seek the death penalty (they did not),
to give potential jurors an extensive questionnaire, and other
motions relating to voir dire. Winkler's entire defense team --
Attorneys Steve Farese Sr., Leslie Ballin, Tony Farese, Steve
Farese, Jr. and Investigator Terry Cox represented her pro bono
throughout the entire criminal case.
Trial
On April 18, 2007, Mary Winkler took the stand
in her own defense. She told a jury of ten women and two men that
her husband often "berated" her and forced her to wear "slutty"
costumes for sex. As proof she displayed a pair of high-heeled
shoes and a wig to which those in attendance gasped. Winkler
claimed that she only shot her husband accidentally. She said that
she went to the bedroom closet and retrieved a shotgun because she
wanted to force him to work through their problems. "I just wanted
him to stop being so mean," she said through tears. Winkler denied
she ever actually pulled the trigger, but told the jury "something
went off". She heard a boom, then ran from the house because she
thought he would be mad at her.
On August 14, 2007, Mary Winkler was released
after spending a total of seven months in custody, five months in
a county jail and two months in a mental health facility.
USAToday.com
August 15, 2007
Mary Winkler was released
from a mental health facility where she had been undergoing
treatment for about two months, defense attorney Steve Farese Sr.
said. He has declined to identify the facility where Winkler was
held.
Winkler, 33, was convicted
of voluntary manslaughter in the 2006 shotgun slaying of her
husband, Matthew, at the Church of Christ parsonage in Selmer,
where the couple lived with their three young daughters.
She was charged with
first-degree murder, but jurors convicted her of the lesser charge
after she testified that her husband abused her and demanded sex
she considered unnatural.
Winkler was sentenced June
8 to three years in prison but had to serve only 67 days — 12 in
jail and the rest in the mental health facility — because of
credit for time in jail before her trial, the nature of the
offense and lack of a criminal record. The remainder of her term
will be spent on probation.
Farese said Winkler was
headed to McMinnville, about 65 miles southeast of Nashville,
where she lived and worked at a dry cleaning shop for eight months
while she was free on bail and awaiting trial.
"She'll go back to work
soon," Farese said.
A day after her husband's
body was found, Winkler was arrested 340 miles away on the Alabama
coast, driving the family minivan with her three young daughters
inside.
Since her arrest, her
children have lived with their paternal grandparents, Dan and
Diane Winkler. Farese's law firm is helping her try to regain
custody of the children.
Winkler guilty of lesser
charge
By Beth Rucker -
April 20, 2007
SELMER, Tenn. — 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, but later she hugged her family
and her attorneys.
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, but she would be eligible for parole after
serving about a third of the sentence.
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. Assistant
District Attorney General Walt Freeland said bank managers were
closing in on a check-kiting scheme that Mary Winkler wanted to
conceal from her husband.
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 witnesses
described Matthew Winkler, a 1993 graduate of Austin High School
in Decatur, 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 father
Dan Winkler, who is also a preacher at a Church of Christ in
Huntingdon, thanked the jury and thanked God for being "our rock
and our shield" during the trial.
"We're very grateful for
the privilege and honor that was ours to be the parents of Matthew
Brian Winkler," he said.
"And we treasure the
memory of the love that he had for his family, for his Lord, for
his church, for us his parents."
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. Dan and
Diane Winkler have filed a wrongful death lawsuit against Mary
Winkler.
She will be sentenced May
18, but is free on bond until then. She will continue living with
a friend in McMinnville, about 65 miles southeast of Nashville.
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 defense attorneys said
the jury convicted Mary Winkler of a lesser sentence because they
believed her stories of abuse.
Mary Winkler testified her
husband punched her in the face, kicked her at times and refused
to grant her a divorce. The prosecution said there was no medical
evidence of abuse, but Mary said she never told anyone and hid the
bruises.
Speaking about their sex
life, Mary Winkler spoke quietly and hesitantly, with eyes
downcast. She said her husband forced her to view pornography,
dress "slutty" and have sex she considered unnatural.
The defense showed the
jury a pair of white platform-heel shoes and a wig Mary Winkler
said her husband wanted her to wear during sex. Pornographic
photos she identified as coming from their home computer were
entered as evidence.
The Winklers were married
in 1996. They met at Freed-Hardeman University, a Church of
Christ-affiliated school in Henderson. Mary took education
classes, and Matthew took Bible classes. Neither graduated.