PORTLAND, Ore. (AP) – The Oregon Court of Appeals has overturned the conviction of a man who pleaded guilty to killing his wife.
According to court documents, Peter Zielinski of Keizer told police he suspected his wife had been having an affair and found text messages and e-mails that confirmed his suspicions.
Police say the man told them 38-year-old Lisa Zielinski looked at him with disgust and asked him to leave her alone on the January 2011 morning he shot her.
Zielinski entered a conditional guilty plea in 2013, giving him the right to appeal the conviction that sent him to prison for 25 years to life.
In its opinion Wednesday, the Appeals Court said the trial judge wrongfully excluded expert testimony that Zielinski had been diagnosed with an anxiety disorder, which he was to offer in support of a defense of extreme emotional disturbance.
The case returns to a Marion County trial court.