DanielRisher.com
Wrongful Conviction for both Daniel Risher and Nikki Zinger
DanielRisher.com
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SECTION 1: THE DEFENDANT’S BIOGRAPHY
Thirty four years ago, my cousin Daniel Wayne Risher and his girlfriend of several years Nikki Sue Zinger, were both sentenced to life in prison on first degree murder charges. Nikki’s mother, Linda Holley, was brutally murdered (stabbed and beaten) in her home in Magnolia, Arkansas (March 10, 1991). The two were arrested on April 18, 1991 after they put the police at the scene of the crime. Until then they were not even suspects. They were charged and wrongfully convicted from false evidence.
Daniel was a hunter, and his hunting jacket was used in court as evidence against Daniel and Nikki stating there was blood on the jacket, however, it never had DNA testing done on it to prove whether or not it was human blood. The jacket amongst other items were pulled from the closet of Daniel Risher’s home via a search warrant on April 18th or nearly (39) days after the body was found.
A neighbor said he had seen a police car at the home and a man in the yard the day of the murder, but during the trial, the trial lawyers were restricted from asking whether a police car was seen that night and could only ask if one was seen that week. We do know that Linda Holley was dating a police officer at the time. We also know 2 other murders were committed just like this one, in areas not too far away from Magnolia, but the person guilty of those murders was never considered as a suspect in this one.
The FBI at the time said whoever committed the one in Cullin LA, probably committed this one too, But again, not allowed to use this in his case because they didn’t have a suspect.
SECTION 2: SUMMARY
From the start, the police in this small town were unequipped to handle a murder investigation. The murder scene was never secured right away, and people were allowed to come and go until the FBI came and secured the scene. The coroner never took the temperature of the Linda Holley’s body to determine a time of death, although this is required by Arkansas law. There really was no time of death given. Just 48 hours from the last time someone saw her until they found her.
A photographer had taken a video of the crime scene and photos and then again, the following day. Nikki Zinger was released to go into the home to get her some things and some items for the funeral of her mother on March 16th. It was after this time the police took up evidence. Photo’s were taken after this and used in court to supposedly show that she had taken a box that contained an insurance policy, so they were accused of killing her for her mothers 90K insurance policy. Photographer was never put on the stand.
A few weeks later, several of the items that were taken from Daniel Risher’s home, were supposedly tested by Don Smith with Luminol testing using a hair dryer method. In so doing this, it gave off a positive reaction. The two were arrested for murder. Luminol should have follow up testing done, as Clorox will give off a false positive result, however they did not do any follow up testing. This should not have even been allowed in court without follow-up testing. But for some reason the judge nor Daniel’s attorney’s objected.
They found records by Ozzie Osborn, Santana, Black Sabbath… so they must have been in a cult! Witchcraft! Surprised they didn’t burn them at the stake!
Risher and Zinger were sentenced to life in prison for that murder on January 13, 1992. However, the jury didn’t return the verdict until January 17, 1992, according to a notarized court document stating so. Daniel W. Risher (“Risher”) was convicted (with co-defendant Nikki Zinger (“Zinger”) for the first-degree murder of Linda Holley (co-defendant’s mother) in Columbia County, Arkansas. Risher pled not guilty at trial and has maintained his innocence throughout his incarceration. Mr. Risher’s innocence claim is supportable as there are troubling issues in the case including but not limited to (a) poor police investigation; (b) inconsistent police testimony regarding the scene of the crime;(c) questionable theories of guilt; (d) poor representation, and (e) junk science.
It was determined that “luminol” was used to support the two’s supposedly “staged burglary and clean-up theory” to collect on a $90,000 life insurance policy. Daniel is not a beneficiary on the policy, (they are not married), and Nikki's mother already had stage 4 cancer which she was receiving her second treatment for. (“Luminol is a substance which can react with blood that is invisible to the naked eye.”) It has since been discovered that the way the luminol test was done, by using a hair dryer, creates false evidence. It is proven and stated in the legal documentation via the FBI Crime Lab Report that “luminol remains a preliminary blood screening test which is insufficient to conclusively established the presence of blood.” It is also not Federal Protocol as stated in an affidavit. According to Herbert Leon MacDonnell from Independent Forensic Laboratory, “Luminol testing is not accepted as a positive test for blood.” “Luminol testing is merely presumptive because
Luminol reacts with substances other than blood.”
Also, suppression of witnesses and statements, private communications going on between the Judge and jury which are not allowed and not on record, reported fraud on the court and that missing trial transcripts were certified as missing, and checked out by the prosecuting attorney. It was like someone was always trying to hide something, or make it impossible to get anything to try to get him back into court to prove his innocence. Something was always missing!
Based on false testimony by a Criminologist regarding the luminol, and since it was not corrected, it violated the Defendants’ right to due process and impaired the jury’s judgement. According to legal documents, the 5th, 6th, 9th and 14th amendments were violated, and the crime photographer never testified.
And for them to take a photo of a supposedly missing box that contained an insurance policy. You do not have to have an actual policy to collect on one. We feel the police staged this and took photos just to use in court since they had no other suspects.
During the trial, they let jurors know that Daniel and Nikki had gone to Shreveport the night of the murder. They had witnesses that were put on the stand and testified that they were indeed in Shreveport that night.
We had Columbia County police officers who were unequipped to handle a murder investigation at the time. They did not secure the scene as they should, they let too many people through before they gathered all the evidence. Over 30 days later they still have no idea who committed this crime so they needed someone to pin it on, and these two young adults were it.
Section 3: How Our Legal System Doesn't Work
June 9, 2016 Daniel went before the Parole Board. We have found this to be our only avenue at this time to try to attain his freedom. We felt we had a good case. Aside from the fact he has been a model prisoner, served 25 years for a crime he did not commit. We will also show that Arkansas Supreme Court passed a law showing that Luminol was not admissible without follow up testing. However, in their trial they allowed it. Follow up testing proved that the victim’s blood was not found on any clothing or shoes belonging to Daniel. There was no DNA found to belong to Daniel or Nikki under the fingernails of the victim. They have no evidence to prove Daniel or Nikki or anyone else killed Linda Holley. Daniel and Nikki would both like to know who killed Nikki's mother, but they know it wasn't them.
Nikki's case went before the Parole Board on June 7th, 2016. She too has been a model prisoner, even earning her GED while incarcerated.
With a full board recommendation, The Arkansas Parole Board recommended that Gov. Asa Hutchinson commute the sentences of Nikki Sue Zinger, 52, who was Holley’s daughter, and Zinger’s boyfriend, Daniel Wayne Risher, 48.
A commutation of sentence is a legal action that reduces the length of a prison term. After 25 years in prison for the Holley murder, a commutation could make both eligible for parole.
The Governor failed to commute the sentences even though there is DNA evidence to clear Daniel Risher and Nikki Zinger. Some take the importance of their career over the freedom of an innocent man and woman.
We have DNA evidence that there was no blood on the hunting jacket or boots or anything else testing was done on. Supreme Court said Luminol was not admissible without follow-up testing, but they did it anyway. Did they ever find out who killed the lady 30 miles away a few days after Linda Holley? No. Could it have been the same person that killed her? We want to know who killed Nikki's mother, but we know it wasn't Daniel or Nikki. There is NO evidence to convict them of murder.
Innocence Project
In 2005, the Innocence Project accepted Daniel’s case. The Innocence Project provides pro bono legal representation on behalf of people seeking to prove their innocence post-conviction. Since its inception in 1992, the Innocence Project has only taken cases where DNA testing can prove innocence.
In January 2011, Daniel W. Risher was represented by Innocence Projects’ staff attorney Craig Cooley from NYC who appeared before Judge Larry Chandler in Circuit Court. It was then requested that certain evidence be allowed to have DNA testing which was granted. It was proven through the DNA testing on the hunting jacket, that there was “no human blood” on any of the state’s evidence that convicted the two. In fact the jacket used in court had never even been tested, but Don Smith testified it showed positive for blood, and was a valid test for blood. Basically, he lied! However, the Innocence Projects’ representation is limited in scope to DNA and not on false evidence.
The Innocence Project DNA testing has not found the DNA belonging to anyone. DNA under the victims’ fingernails was her own. The victim was killed, and then the scene was made to look like a burglary. The killer cleaned up the scene. Once again, the hunting jacket that they used as evidence showing blood on it proved by DNA testing to not have any human blood on it. Since the Innocence Project works on the Perry Mason theory, even though they know Daniel and Nikki are innocent, they are slow in moving forward. Help is needed to help investigate and present the case fully to show their innocence and get them exonerated even though the DNA testing proved in their favor.
The Innocence Project is now back on his case, along with Arkansas Lawyer and Law Professor Jacob Worlow whom they are working together with on his case to hopefully win his freedom soon.
Contact Info
If you would like to correspond with Daniel W. Risher, you may mail letters directly to:
(Please Note: This Address Is For Correspondence Only)
(Please note that you can not use any stickers, return address labels for example.)
Daniel W. Risher
ADC 98275 MSU
2501 State Farm Rd.
Tucker, AR 72168
Contact: Sherry K. Scales for more information including;
all case legal documentation, photo(s), more facts and other important contact info. 512-925-8928 sherry@sherryscales.com