In his appeal, Niesen contended that the state didnít prove he was the one who wielded the knife that caused Leichtmanís death. In support, Niesenís appeals attorney, James Rebholz, argued that although DNA swabs taken from Leichtman and preserved matched the swab taken from Niesen after July 2008, DNA from another unidentified male was taken from the waistband of Leichtmanís underwear.

However, after a lengthy recitation of the evidence against Niesen, the District 4 Court concluded that the state had proved its case. The evidence included his admission to his ex-wife, Ja Cee Crull, that he had meet somebody at The Other Place and she ended up dead and the weapon was tossed off a bridge.

October 5, 2011