LINCOLN, Neb. (WOWT) – One of the state‘s star witnesses took the stand Thursday in an effort to void Nebraska’s medical cannabis ballot measures.
The defense fired back, questioning her motives — and her criminal history.
Her name is Jennifer Henning. She’s from Omaha and was one of many who collected signatures to put medical marijuana on the Nebraska ballot. Thursday afternoon, she testified in Lancaster County District Court as a witness for the Secretary of State.
Henning walked through petition after petition, explaining that she didn‘t sign them in person and in front of a notary as required. She also shared text messages where she would drop off ballots at a sponsor’s home to be notarized later.
The government‘s argument is that because of this, thousands of petitions — and the signatures on them — should be tossed and, in effect, the results from Tuesday’s election on the issue of medical cannabis should be voided.
Attorney: Did you circulate those pages?
Henning: No.
Attorney: Do you know who did?
Henning: No.
Attorney: Once you picked them up, what did you do with them?
Henning: I signed them like I was told and leave them.
Henning claims she was doing as instructed by organizers — signing petitions she didn’t collect, then dropping them off for a notary to sign at a later time.
Earlier, the defense raised questions about her credibility when asking John Brennan, the attorney general’s fraud investigator, about her.
Defense attorney: As a fraud investigator, do you research people’s backgrounds when you talk to them?
Brennan: Yes.
Defense attorney: Did you research Ms. Henning?
Brennan: Only what I saw in the paper, and Googled what was in the media.
Defense attorney: What did you find?
Brennan: She had been convicted of fraud years ago.
In the last part of testimony on Thursday, the government asked Henning about her criminal background. She said she was found guilty on two counts of insurance fraud — and is on probation right now.
The state said Thursday that the trial is moving along slower than usual. It was scheduled to wrap up Friday, but now expects to continue into Monday — the day before Election Day.
Nebraskans have already been voting on Initiatives 437 and 438; early voting started Oct. 7. If passed by voters on Tuesday, one would legalize medical marijuana and the other would regulate it.
One of the state‘s star witnesses took the stand Thursday in an effort to void Nebraska’s medical cannabis ballot measures.
The civil lawsuit over signatures is taking place in the wake of charges filed against two people in Hall County, including a signature collector in Grand Island who allegedly said he pulled some names from a phone book.
Those behind the ballot say they won‘t defend one signature allegedly pulled from a phone book — but that it’s not enough to sink the petition.
The defense has been keeping a tally on an easel and says the government has only been able to invalidate a couple hundred signatures at best — not close to the 4,000 necessary to toss the case.
They also questioned Henning‘s motives for testifying, especially considering that she’s on probation.
Defense attorney: Has anyone told you that you would be spared criminal charges in exchange for your testimony today?
Henning: Spared criminal charges?
Defense attorney: Did you get offered a deal in exchange for your testimony today?
Henning: What do you mean a deal?
Defense attorney: Did they offer you any benefit for your testimoney today?
A recording of ballot sponsor Crista Eggers was also played Thursday during Henning’s testimony.
The state played the recording, which has Eggers thanking her supporters for all their hard work. The defense played it, too, noting that Eggers not once asked anyone to destroy evidence or violate the law, as Henning had alleged.
Lancaster County District Court Judge Susan Strong is being asked to throw out what the Secretary of State already approved: putting medical cannabis on the ballot.
Hall County Election Commissioner Tracy Overstreet, along with other election officials, have been subpoenaed to testify in this trial.
Attorneys for Nebraska Secretary of State Bob Evnen say the case is simply about following the rules. The state’s attorneys have said that Evnen stands by the work done during the petition certification process. But Evnen has also argued that the petition he already certified — meaning it had enough valid signatures to go on the ballot — now has too many questionable signatures.
The plaintiff in the case is former Nebraska State Sen. John Kuehn.
Read the documents
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Reporter Taylor Johnson and Digital Director Gina Dvorak contributed to this story.
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One of the state‘s star witnesses took the stand Thursday in an effort to void Nebraska’s medical cannabis ballot measures. Read More