Darryl Lierman Mute Again As Pleas Entered For 2nd Time

A Neligh man facing 10 felony charges appeared for arraignment for a second time in Antelope County District Court.

Represented by court-appointed attorney Ron Temple, 49-year-old Darryl Lierman again stood mute as the charges were read against him. A plea of not guilty was entered on his behalf once again.

After standing mute on Aug. 3, his not guilty plea was withdrawn on Aug. 26.

On Wednesday in district court, Lierman appeared on three counts of first degree sexual assault of a child (class 1B felonies), three counts of third degree sexual assault of a child and four counts of child abuse (class IIIA felonies).  

A class 1B felony is punishable by a maximum  of life imprisonment and a mandatory minimum of 15 years imprisonment. Class IIIA felonies are punishable by a maximum of five years imprisonment, a $10,000 fine or both and there is no minimum.  

Judge Mark Johnson set his pre-trial conference for Oct. 28 at 9 a.m. Lierman is being held at the Antelope County Law Enforcement Center on 10 percent of $200,000 bond. 

During the appearance, Temple filed two motions. On a motion for depositions, Joe Smith, who is serving as lead council for the prosecution, argued that he already has scheduled an interview with the alleged victim and her counselor, which "is essentially a deposition."

Temple argued that the interview was set up after his motion was made. Following much discussion, it was decided an interview time will be set that is agreeable by both parties. 

On a motion to compel, Temple provided four exhibits, including a psychological evaluation by the alleged victim, interview by a Nebraska State Patrol investigator and a discharge summary of the psychological condition of the alleged victim. Smith requested that three of the exhibits be sealed. 

Temple requested that the state disclose more documentation that could be useful in Lierman's defense. 

"The state has had numerous things in the house analyzed. I don't have any of those documents," Temple said.

Smith countered that the state has provided the necessary documents. Temple said he doesn't know what evidence is "in the state's hands."

"This has always been the tug. You don't know what to ask for if you don't know what's there," Johnson said. 

He added, "I can't order the state to just open the vault."

Johnson gave both prosecution and defense 14 days to file briefs on the matter.