Appellate Panel Considers Release on Bail for Nesler, Killer of Alleged Molester

Three appellate justices took testimony Friday on a possible pre-Christmas release for Ellie Nesler, the Sonora woman convicted of killing her son’s alleged molester in a courtroom.

The justices took the case under advisement after a 40-minute hearing. They are expected to issue a written ruling by the end of the month, said court clerk Kevin A. Swanson.

Nesler’s attorney, Donald Segerstrom of Sonora, told the justices that “clear and convincing evidence” was presented to the trial judge that Nesler would not jump bail or be a danger to others if released. Once those conditions are met, bail is mandatory, Segerstrom argued.

Deputy Atty. Gen. Jane Kirkland countered that Nesler’s lawyers failed to meet those conditions in their initial bail request.

Nesler was not present at the hearing.

The state Supreme Court kicked the case back to the 5th District Court of Appeals with instructions to consider bail while her voluntary manslaughter conviction is on appeal. The Fresno-based 5th District Court previously rejected a bid for bail.

Nesler, 41, was found to have breast cancer after her conviction in Tuolumne County Superior Court last year in a case that spurred a national debate over vigilante justice. She began serving a 10-year sentence in January at the Central California Women’s Facility.

Nesler shot Daniel Mark Driver, 35, five times as he sat shackled during a recess in a hearing April 2, 1993, to determine whether he should stand trial on charges of molesting four boys, including her son.