DEVILS LAKE, N.D. — Werner Kunkel, who has been in custody of the North Dakota Department of Corrections for over 30 years returned to the Ramsey County Courthouse this week to appear before District Court Judge Theodore Sandberg of the Northeast District. At issue in the hearing held on Monday, March 23 was a petition filed earlier regarding Kunkel’s custody status.
In 1995, a jury found Werner Rümmer-Kunkel, the name he uses according to the Great North Innocence Project’s website, guilty of Gilbert Fassett’s murder. Nine years earlier, on Aug. 10, 1986, berry pickers had discovered Fassett’s body on a wooded hillside on the Spirit Lake Reservation near Devils Lake. He had been stabbed over 100 times.
Prior to Monday’s hearing, the defense counsel withdrew their petition to release Kunkel from custody. One of their concerns were problems related to Kunkel’s immigration status. Judge Sandberg had no objection to the withdrawal of the petition “without prejudice.” Kunkel’s legal team can reapply at any time.
In addition, Monday morning Ramsey County State’s Attorney Daniel Howell filed an appeal of Judge Daniel Narum’s ruling that would have vacated the 1995 murder conviction of Kunkel, a conviction that was later upheld by the North Dakota Supreme Court.
Narum is a District Court Judge for the Southeast Judicial District (Number 5) in North Dakota based in Ellendale. In his Feb. 27 opinion, Narum cited Brady violations claiming crucial evidence was withheld. The State, however, has maintained consistently that there is no Brady violation. The appeal also argues that the defense has gone beyond the statute of limitations for the post-conviction relief, according to information provided by Howell.
Sandberg had some concerns and questions for both the defense and the prosecution. “This is a serious case, it was a murder,” Sandberg pointed out. “This is way too serious a case to rule on at this time,” the judge added. “One motion at a time.”
Sandberg added, “If they hadn’t filed an appeal, I’m not sure we can even schedule anything at this time, maybe six months down the road, but I only have one motion in front of me. No further action will be taken at this time.”
The court will reconvene in about 30 to 45 days. “It may be a five-minute hearing, but it might not be,” the judge continued. If the decision remains vacated, according to Sandberg, then he will have the authority to have a say in releasing Kunkel from custody and Kunkel will have the constitutional right for bail.
“It’s a matter of jurisdiction,” he concluded.
In the meantime, Kunkel will continue to be held in the custody of the North Dakota Department of Corrections, and according to Sandberg, where he is housed is up to them.
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