Man, 70, Convicted of Wife’s 1985 Murder
A 70-year-old man was convicted of his wife’s murder Monday, nearly 14 years after he claimed she was killed when an antique shotgun went off while he was cleaning it.
The Santa Clara County Superior Court jury convicted James Niebauer of first-degree murder for killing his wife, Abigail, on Feb. 22, 1985. He faces 25 years to life in prison plus three years for using a firearm, prosecutors said.
“Many times during deliberations somebody stood up and said we want to find Jim Niebauer innocent, but we couldn’t,” an unidentified juror said.
The case was reopened in 1993 at the urging of Abigail Niebauer’s brother.
Niebauer was arrested in May in Seattle, where he moved.
Defense attorney Tom Nolan said he planned to appeal.
“If you wait 14 years until someone is 70 years old and disabled and can’t defend themselves, there’s no way they can get a fair trial under those circumstances,” Nolan said.
Abigail Niebauer, 47, was a well-known area poet. According to police records, she was planning to leave her husband.
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