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Man, 63, Sentenced to 30 Years to Life in Killing : Crime: However, judge expresses concern over confession given during high-pressure interrogation.

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SPECIAL TO THE TIMES

An elderly drifter was sentenced Wednesday to 30 years to life in prison by a judge who expressed concern about the evidence supporting his conviction for murdering a woman whose car had broken down on Interstate 8.

Elmer Lee Nance, 63, was convicted June 8 of raping and strangling Nancy Allison White, 23, of El Toro. White was killed Aug. 27, 1986, as she returned from El Centro after celebrating her second wedding anniversary with her Marine husband.

“I hope you did it, Mr. Nance,” said Superior Court Judge Bernard E. Revak. “The thought that you didn’t do it and were convicted of this horrible crime would haunt me for the rest of my life.”

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Revak said his concern stemmed from the key piece of evidence in the case--a tape-recorded confession given during a high-pressure interrogation by two detectives with the Metropolitan Homicide Task Force.

During the interrogation five years after the murder, Nance admitted raping and killing White and leaving her in the back of his pickup until he dumped her body two days later next to the Batiquitos Lagoon near Carlsbad.

Though Nance was seen at the freeway stop where White’s car had broken down, no evidence was found in his truck when it was impounded by authorities soon after White’s body was discovered. The 3 1/2-hour interview is the only thing linking Nance to the murder.

“I’ve never seen such a case that there is absolutely no physical evidence whatsoever,” Revak said.

However, as he handed down the mandatory state prison term for first-degree murder, Revak said he was in no position to contradict the jury’s verdict.

Nance, who is now confined to a wheelchair, proclaimed his innocence and inability to harm women throughout the case.

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“You might as well hang me right here,” he mumbled as Revak handed down the sentence. “Give me a gun, put it to my head and shoot me.”

Deputy Dist. Atty. Jeff Dusek said he is confident that the right man was convicted. “I have no doubt at all we have the right guy,” he said, noting that the jury thought Nance had given a truthful confession.

A psychologist testified for the defense that Nance had a low intelligence level and a dependent personality that made him submissive to authority.

“This is a tragic case for all parties,” said defense attorney Peter Liss. “Mr. Nance stands convicted of a crime for which he will die in prison.”

Liss said he will appeal the conviction, a decision that Revak supported.

“I think you should,” the judge said.

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