Mary Winkler
gets full
custody of kids
Published Saturday, Sept. 20
By Jeff York
For the Daily Corinthian
HUNTINGDON, Tenn. -- The long custody battle over the three Winkler
children is now over.
Mary Winkler received full custody of her children in a court hearing
Friday in Carroll County Chancery Court.
Winkler had regained custody of her children in August from the paternal
grandparents, Dan and Diane Winkler. The grandparents had taken care
of the children since Mary asked them to take custody of her daughters
days after the shooting death of Matthew Winkler, the minister of
Selmer's Fourth Street Church of Christ on March 22, 2006.
Carroll County Chancellor Ron Harmon officially granted Mary Winkler
custody of her children Friday when he approved the agreement between
Winkler and the grandparents. The day-long hearing was held behind
closed doors because of state laws preventing in-court coverage of
child custody cases.
Mary said after the court hearing that she and her former in-laws
had improved their relationship over the past couple of months.
"We love each other and we are getting along," said Winkler.
"We've reconciled and have just felt the true feeling of forgiveness."
Harmon said that he was very pleased that the grandparents and the
mother have reached an agreement in regards to the children when he
made his announcement that Mary Winkler would receive full custody
of her children.
The chancellor said the grandparents would still receive time with
the children that are ages 11, 9 and 3.
Mary Winkler now lives in the Middle Tennessee town of Smithville
where two of her children, Patricia and Allie, attend DeKalb County
Schools. Her family lives in a house owned by the preacher where Mary
is attending church in Smithville.
The Winkler children were moved from the custody of their paternal
grandparents back into the custody of their mother in August through
a voluntary agreement to allow the two older children, Patricia and
Allie, to begin the school year.
Mary Winkler was convicted of voluntary manslaughter in April 2007
for killing her husband. She was sentenced to three years and served
seven months in jail. She is now serving probation. Harmon ruled in
September 2007 that Mary Winkler could have supervised visitation
with her children. Harmon's ruling said Winkler could have phone contact
with her children and supervised visitation.
Harmon's ruling in September said that Tennessee law says parents
have paramount rights to children and the reason any parent would
not have their children would only be if they were a threat to their
safety.
A court hearing regarding the children's trust fund will be held at
a later date in Carroll County Chancery Court. Mary Winkler's attorneys
have asked the court to provide a full accounting of the trust fund.
Winkler
wants accounting
of children's fund
Published Tuesday, September 16
By
Jeff York
For the Daily Corinthian
HUNTINGDON, Tenn. -- A hearing will be held Friday morning in
Carroll County Chancery Court to hear a motion filed by Mary Winkler's
attorneys calling for an accounting of her children's trust fund.
This hearing will be held at 10 a.m. Friday with Chancellor Ron Harmon
presiding over the case. Chancellor Harmon has been the presiding
judge in the custody case since it was moved to Carroll County Chancellor
Court, the home county of Dan and Diane Winkler.
The trust fund for the three Winkler children was created by Dr. Eddie
Thompson, a family friend of Dan and Diane Winkler, a few weeks after
the shooting death of Matthew Winkler. The fund was created to raise
money for the girls' immediate needs such as appropriate counseling
and care. If any money is left in the trust when the children graduate
high school, the funds will be available as a college fund, according
to www.winklerfamilyfund.com.
Mary Winkler presently lives in Smithville, Tenn. where she enrolled
Patricia and Allie in the DeKalb County School System. They live in
a home owned by a Church of Christ preacher where Mary now attends
church in Smithville.
The Winkler children were moved from the custody of their paternal
grandparents back into the custody of their mother in August to allow
the two older children, Patricia and Allie, to begin the school year.
The children had been in the custody of their grandparents since March
25, 2006.
Chancellor Harmon ruled earlier this year that important information
about the trust fund must be provided to Mary Winkler. Harmon said
this information should include the trust fund's amount, a list of
contributors to the trust fund and where the contributors lived.
The trust fund information should include an expense list, what the
expenses were for and whom was paid from the trust fund.
Mary Winkler was convicted of voluntary manslaughter in April 2007
for killing her husband in March 2006. She was sentenced to three
years and served seven months in jail in the McNairy County Justice
Center. Mary is now on probation.
Mary
Winkler takes
custody of three children
Published Sunday, August 3
By Jeff York
For the Daily Corinthian
HUNTINGDON, Tenn. -- A long and bitter custody battle over the children
of Matthew and Mary Winkler appears to be coming to an end after she
picked up the three children Friday at the home of their paternal
grandparents and carried them to her home in middle Tennessee, according
to reports on Memphis television stations WMC and WHBQ. Read
more
Manslaughter:
Mary Winkler
draws a lesser charge from jury
Published April 20, 2007
By Brant Sappington
Staff Writer
SELMER, Tenn. -- Mary Winkler showed little emotion Thursday afternoon
as she was pronounced guilty of voluntary manslaughter, a verdict
her defense attorneys described as just.
Prosecutors had sought to convict Winkler of the more serious charge
of first degree murder in the March 2006 shooting death of her husband,
Fourth Street Church of Christ minister Matthew Winkler.
After 10 days of proceedings and eight hours of deliberations, jurors
chose to instead convict Winkler of the lesser offense.
The jury had been given the option of finding her guilty of offenses
ranging from first degree murder with a potential sentence of life
with parole down to criminally negligent homicide which would have
carried a sentence of as little as one year.
Defense attorney Steve Farese said he believes the verdict was just.
I guess its the difference between getting hit on the
head with a bowling ball and getting hit on the head with a tennis
ball, he said. I think we prefer the tennis ball.
Winkler will be sentenced May 18 in McNairy County Circuit Court and
faces a possible sentence of three to six years in prison. She would
be eligible for parole after serving 30 percent of her sentence.
Defense attorneys said the judge will also have to consider alternative
sentencing options, such as probation, at the hearing.
Judge Weber McCraw agreed to allow the defendant to remain free on
her existing $750,000 bond until sentencing. Her attorneys said she
will return to McMinnville, Tenn., where she has been living since
her release on bond.
The charge of voluntary manslaughter differs from first-degree murder
in that it does not require premeditation on the part of the defendant
and states that the person must have acted in a state of passion stemming
from a sufficient amount of provocation. Both charges require jurors
to find the defendant intended to kill the victim.
Assistant District Attorney Walt Freelands case against Winkler
centered on a series of apparently fraudulent financial transactions
he said were controlled by the defendant. Freeland argued the potentially
illegal financial activity, which included involvement in a lottery
check scam and a practice of writing bad checks between bank accounts
known as check kiting, was about to come to a head and Winkler was
afraid her husband would find out what she had been doing. He described
Matthew Winkler as a loving father and husband and sharply questioned
Mary Winklers claims of abuse.
Defense attorneys depicted Matthew Winkler as an abusive, controlling
husband. Mary Winkler testified to years of emotional, physical and
sexual abuse at the hands of her husband. She told jurors on the morning
her husband was shot she had gone into their bedroom to confront him
after he had used his hand to cover the mouth and nose of their infant
daughter in an effort to quiet her crying.
The defense argued the shotgun went off accidentally and their client
did not intend to shoot her husband.
Defense attorney Leslie Ballin urged people not to forget about the
victim in the case.
At the end of the day, we are left with the memory of Matthew
Winkler. Even though theres been a lot of negative things said
about him in this trial, we know there was a good side to Matthew
Winkler. We heard that from Mary, he said.
The district attorneys office released a statement thanking
all those involved in the investigation and trial and expressing their
continued concern for the Winkler family.
We want the Winkler family to know that our thoughts and prayers
continue to go out to them for the loss of their son, brother and
father, Matthew Winkler, read the statement.
Winklers family initially indicated they would release a statement
to the media, but declined comment following the verdict.
Farese said the defense had declined several plea offers ranging from
35 years down to 15 years in prison before deciding to go to trial.
Mary Winklers decision to take the stand in her own defense
was key to the case, according to Ballin.
I think Mary was Mary, Ballin said of her testimony. She
was honest and she was there to tell the world what went on behind
those doors. I think that her testimony played a huge role in the
decision.
A final jury of 10 women and two men were tasked with deciding a verdict
in the case. Prior to the beginning of deliberations three jurors
- a middle aged black woman, an older black man and a middle aged
white woman - were chosen at random as alternates and released from
service.
The conclusion of the trial also brought to a close almost two weeks
of intense media coverage in McNairy County. Journalists from throughout
the country converged on the McNairy County Justice Center when the
trial began on April 9.
The media frenzy continued unabated throughout the trial. As Mary
Winkler left the justice center following her conviction, she was
met by a large crowd of photographers and videographers seeking to
get a shot of the woman whose actions turned an intense media spotlight
on this West Tennessee town.
Farese said he hopes the coverage of the trial will draw more attention
to the issue of domestic violence.
We would not have been here today had this problem been recognized
and been dealt with, Farese said.
Winkler Timeline
(Editors Note: The Winkler timeline was produced by McNairy
County correspondent Jeff York, who used his local connections to
produce numerous Winkler stories over the past year and Staff Writer
Brant Sappington, who covered the Mary Winkler case, murder trial
and jury selection. Some of the times are estimates.)
Sunday, February
6, 2005
10:30 a.m. Matthew Winkler begins as pulpit minister at Fourth St.
Church of Christ in Selmer, Tenn.
Tuesday, March
21, 2006
8 a.m. Mary Winkler begins work as a substitute teacher at Selmer
Elementary School.
3:30 p.m. Matthew Winkler is last seen walking his dog in Selmer City
Park.
5:30 p.m. Mary Winkler was last seen picking up her daughters at Selmer
Elementary School.
6 p.m. Winkler family eats pizza and watches movie Chicken Little
Wednesday, March 22, 2006.
6:30 a.m. Matthew Winkler is shot in the back with a shotgun blast
by Mary in their Mollie Drive home.
7 p.m. Church elder Wilburn Gene Ashe and church member Jim Turner
check to see why Matthew Winkler did not make it to Bible study. They
noticed all the lights were on in the house, the family van was gone
and a small dog normally kept inside was outside the house.
8:30 p.m. A group of three men -- Kevin Redmon, Randy Smith and Dr.
Drew Eason -- and Easons teen-aged son, return to the parsonage
and discover the body of Matthew Winkler in the bedroom floor.
9 p.m. Mary Winkler spends the night at Fairfield Inn with her three
children in Jackson, Miss.
Thursday, March
23, 2006
3 a.m. TBI issues Amber Alert to find Mary and the three children.
7:30 p.m. Mary Winkler is stopped by Orange Beach, Ala. police. She
confessed to shooting her husband to Orange Beach Police.
Friday, March
24, 2006
11 a.m. Dan and Diane Winkler, parents of Matthew Winkler, were granted
custody of the children in a hearing in Orange Beach.
Saturday, March
25, 2006
4 p.m. McNairy County Sheriff Ricky Roten brings Mary Winkler back
to Selmer from Orange Beach. She remains jailed in the McNairy County
Justice Center.
Sunday, March
26, 2006
10:30 a.m. Jeremy Weekley preaches at Fourth St. Church of Christ
in first worship service after the shooting.
Tuesday, March
28, 2006
1:30 p.m. Matthew Winklers funeral is held at Fourth St. Church
of Christ. He is buried in Huntingdon, Tenn. Hundreds of media representatives
converge upon
Selmer to cover the funeral.
Thursday, March
30, 2006
10 a.m. Mary Winkler waives her right to a preliminary hearing. Attorneys
hint Mary may be suffering from postpartum depression.
Friday, March
31, 2006
10 a.m. Dan and Diane Winkler were granted custody of the children
by McNairy County Juvenile Court.
Monday, June 12,
2006
9:30 a.m. Mary Winkler is indicted by McNairy County Grand Jury on
first degree murder charge.
Tuesday, June
13, 2006
9 a.m. Children send letters to Mary Winkler for their first contact
since her arrest.
Wednesday, June
14, 2006
10 a.m. Mary Winkler pleads not guilty to a first-degree murder charge.
Judge McCraw sets Oct. 30 as trial date.
Sunday, June 28,
2006
2:45 p.m. Mary Winklers children make their only visit to see
their mother in the McNairy County Justice Center.
Tuesday, June
30, 2006
10 a.m. Defense attorneys file motions to ask Mary Winkler be released
on bond and to suppress Marys confession. Marys statement
to the police is read in court and gives the first clue to the motive.
Thursday, July
6, 2006
4:30 p.m. Judge McCraw sets Mary Winklers bond at $750,000.
Wednesday, July
19, 2006
11:00 a.m. Mary Winklers attorneys say both Mary and Matthew
Winkler were victims of a Nigerian check scam.
Tuesday, August
15, 2006
11:30 a.m. Mary Winkler released from jail on bond. She moves to live
with Rudie and Kathy Thomsen in McMinnville, Tenn.
Friday, August
25, 2006
4 p.m. Judge Weber McCraw denies motion to suppress evidence and statements
made by Mary Winkler in Alabama. She has a job at Express Cleaners
waiting for her.
Sunday, August
27, 2006
10:30 a.m. Jeremy Weekley takes over as pulpit minister at Fourth
St. Church of Christ.
Friday, September
22, 2006
11 a.m. Mary Winkler defense team asks for a delay in start of trial.
Tuesday, September
26, 2006
4 p.m. Judge McCraw issues a delay in trial from Oct. 30 to spring
session.
Monday, November
20, 2006
7 a.m. On Good Morning America, Mary Winklers family accuse
Matthew Winkler of physical and mental abuse of Mary Winkler.
Tuesday, February
13, 2007
10 a.m. Photographer Robert King is indicted by McNairy County Grad
Jury for impersonating a licensed professional. His images of Mary
Winkler were published in People magazine.
Thursday, February
22, 2007
4 p.m. Judge McCraw sets trial date for Monday, April 9.
Friday, March
2, 2007
3 p.m. Judge McCraw denied motion by defense to suppress evidence
taken without a search warrant.
Tuesday, March
13, 2007
11 a.m. District Attorney Michael Dunavant makes decision to not seek
death penalty against Mary Winkler.
Monday, March
19, 2007
10 a.m. Dan and Diane Winkler file wrongful death lawsuit against
Mary Winkler.
Thursday, March
29, 2007
10 a.m. Mary Winkler files a motion to seek custody of her three children.
Monday, April
9, 2007
9:30 a.m. Jury selection begins.
Thursday, April
12, 2007
9 a.m. Mary Winklers trial begins.
Return
to special features