Werner Kunkel will continue to remain in the custody of the North Dakota Department of Corrections and Rehabilitation (DOCR), as the 30-day stay initially filed has been extended after an appeal was filed by Ramsey County State’s Attorney Daniel Howell regarding the overturning of Kunkel’s conviction in late February.
During a hearing held via Zoom with District Judge Theodore Sandberg presiding, Kunkel appeared virtually, along with his attorneys James Mayer, Dane DeKrey and Bruce Ringstrom, as well as Howell, who confirmed that he filed an appellate brief on April 24.
Mayer observed that, from his understanding, even though the state has appealed the order vacating the conviction, he believes that his team could still file the motion for pretrial release. “It’s kind of an academic question right now, because we have not refiled it,” he said. “So, the big picture is, I agree that there’s nothing for the court to do at this time.”
Judge Sandberg said he would await either an abstract back from the State Supreme Court or some other filing in the interim. With nothing further to add from the defense or prosecution, Sandberg adjourned the virtual hearing.
Kunkel’s 1995 conviction for the murder of Gilbert Fassett was overturned 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. As Kunkel isn’t a U.S. citizen, the possibility remains that he could be deported if remanded to ICE custody.
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