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Destruction of evidence doesn't overturn inmate's conviction

OMAHA, Neb. (AP) — The Nebraska Court of Appeals has upheld the conviction of an inmate accused of attacking a prison caseworker with the worker's own pepper spray — despite the prison's destruction of both the spray and surveillance video of the attack before trial.

The appeals court said Tuesday there was no evidence authorities acted in bad faith in destroying the pepper spray canister or erasing the video, noting witness testimony backed authorities' account and that the defense attorney didn't properly object to state witness testimony.

Bradley Simmons was convicted earlier this year of second-degree assault of an officer and sentenced to three more years. He was already serving 50 years for attempted murder and other counts for the 2000 shooting an Omaha police officer during a botched bank robbery.

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