Werner Kunkel at his Jan. 7 evidentiary hearing for a new trial at the Ramsey County Courthouse, seen here seated between (left to right) attorneys Bruce Ringstrom Jr. and James Mayer. His 1995 conviction of the murder of Gilbert Fassett in 1986 was overturned by Judge Daniel Narum. (Photo by Louise Oleson)
DEVILS LAKE, N.D. – Werner Kunkel will remain in the custody of the North Dakota Department of Corrections and Rehabilitation (DOCR), due to a 30-day stay, according to a press release issued on Friday, March 6 from the office of Ramsey County State’s Attorney Daniel Howell.
Kunkel’s 1995 conviction for the murder of Gilbert Fassett was overturned over a week ago after a two-day hearing in early January presided by Judge Daniel Narum. Exculpatory evidence presented at the hearing by Kunkel’s legal team led Narum to order a new trial. Howell has yet to determine whether he will appeal the ruling, retry Kunkel, or dismiss the charges.
According to the statement issued by Howell, DOCR informed him on Wednesday, March 4 that Kunkel would be released to U.S. Immigration and Customs Enforcement (ICE), as DOCR no longer had legal authority to hold him. “Once notified of his impending release, my office reached out to the North Dakota Attorney General’s Office for advice and recommendations on how to proceed,” Howell said in the statement, adding that the Attorney General, in turn, reached out to DOCR and the Governor’s Office to issue a 30-day stay of judgment.
“With the understanding that DOCR had legal authority to continue to hold Mr. Kunkel until the expiration of the 30 days, or other lawful order of a court, DOCR stopped the transfer of Mr. Kunkel into ICE custody as it was occurring and retained custody,” Howell said. “The State is thoroughly evaluating its options for appealing the order of the District Court to ensure that the factual and legal analysis in the Court’s order has another level of review and that both Mr. Kunkel’s civil rights are respected, and the safety of our community is maintained.”
When reached for comment after the overturning of Kunkel’s conviction on Monday, March 2, Howell had admitted that his options were limited, regarding a new trial. “Without any physical evidence or witnesses that are still alive and remember these days, I don’t know that a trial’s very likely at this point.”
As Kunkel isn’t a U.S. citizen, there remains the possibility that he could be deported if remanded to ICE custody.
