Appeal rejected: State appeals court upholds kidnapper Larsen's sentence

Thursday, May 3, 2007 2:26 AM CDT

State appeals court upholds kidnapper's sentence

By Janine Anderson

Journal Times

MADISON - David Larsen's appeal of his conviction for trying to kill his ex-wife in January 2004 has failed.

A state appeals court Wednesday upheld the 37-year prison sentence of Larsen, who was convicted of beating and abducting his pregnant ex-wife, then leaving her for dead in an unheated Illinois storage facility in freezing weather three years ago.

The 2nd District Court of Appeals rejected David Larsen's contention that police violated his constitutional rights in searching his home to look for missing people and evidence that might lead to their location.

Larsen, 43, formerly of Wind Lake, had appealed his conviction, handed down when he entered a no-contest plea to attempted first-degree intentional homicide and two counts of interference with child custody. He said that he could not remember any of the events of that day and while he may be able to regain his memory through treatment, he had no desire to recall the events, if what Teri Jendusa-Nicolai said happened really occurred.

Larsen also faces federal kidnapping charges. The federal court trial was held in November, however the judge has not issued his ruling. Since then, the defense has filed a motion for acquittal and the federal government has filed a rebuttal.

Jendusa-Nicolaisaid she was relieved to learn the outcome of the appeal.

"I'm really happy to hear that his request was denied," she said. "It obviously should be. He got a lot less (prison time) than he could have gotten. To appeal that was even ridiculous. That's what criminals do."

Jendusa-Nicolai said it has been hard to wait for the outcome of the various cases. Even now, she is still waiting to hear the verdict in the federal trial. But the most difficult thing, she said, is seeing the appeals happen in the first place.

"Even though you know they're going to try to do that, it's like you finally get a decision and then they appeal it," she said. "That's what makes you feel like, come on, does this ever end? Now I have to worry about this? That's the worst part about it for the victim. I understand if someone happens to be innocent, and they need to have an avenue or place to go to appeal. In this case he obviously wasn't innocent, and when you get a notice of appeal it seems like it drags on forever, and it never ends."

With regard to the state appeal, Larsen tried to argue that the local court erred when it said the police search of his residence was justified. Officers searched his home trying to find information on where he may have taken his ex-wife and their two children, who were also reported missing.

The court disagreed:

"We conclude that in kidnapping cases, the emergency doctrine permits a search not only for the kidnap victim, but also for evidence that might lead to the victim's location. The officers in this case reasonably believed the kidnap victims to be in imminent danger of physical harm and that their search of Larsen's residence would result in finding the victims or evidence that would lead them to the victims."

Officers searched Larsen's home twice that day, first to try and find a woman � later identified as Jendusa-Nicolai � who had called 911 from the address and said she was having trouble breathing. The second time, officers had received information that Jendusa-Nicolai had been kidnapped and that she was in the back of Larsen's truck.

During the second search officers found documents listing addresses of Larsen's properties in Milwaukee and in Wheeling, Ill.; Skokie, Ill., and Elmwood Park, Ill. He was arrested in Illinois later that day. The children were found unharmed at an Elmwood Park, Ill., residence. Wheeling police found Jendusa-Nicolai in a self-storage unit Larsen had rented.

The Associated Press contributed to this report.

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