Devils Lake: Kunkel Conviction Order Takes Effect

The order blocks a state request to keep Kunkel in prison during an appeal.

Kunkel was moved on Friday, May 29, from the state prison in Jamestown. He is now held at the Lake Region Correctional Facility in Devils Lake.

The change means Kunkel returns to pre-trial detainee status. He is again presumed innocent under the law.

Conviction Vacated After Decades

Kunkel was convicted in 1995 of the killing of Gilbert Fassett. Fassett was found dead in August 1986 on the Spirit Lake Nation.

His body was badly decomposed and had many stab wounds.

Kunkel was not named as a suspect for nearly 10 years. Jailhouse informants later claimed Kunkel had confessed.

In February, District Judge Daniel Narum overturned the conviction. The ruling followed a three-day evidentiary hearing.

Kunkel’s defense team argued that key witness statements were withheld. Those witnesses said they saw Fassett alive after Aug. 1, 1986.

That date was important in the original case. Prosecutors had claimed Fassett was last seen alive with Kunkel.

Werner Kunkel

State Appeal Continues

State prosecutors have appealed Narum’s ruling to the North Dakota Supreme Court.

The state also asked Narum to delay his order. Prosecutors argued Kunkel could be taken into Immigration and Customs Enforcement custody if released.

Narum denied that request.

Kunkel remains held on the original $300,000 bond in the case. Both sides agreed to a no-bond order for now.

However, both sides may ask for a future hearing on the bond.

Attorney Says Move Matters

Dane DeKrey, one of Kunkel’s attorneys, said the move is important.

He said prison means a person has been found guilty. Jail means the case has returned to a pre-trial stage.

DeKrey said Kunkel’s move to Devils Lake also puts him closer to family.

He said Kunkel has been texting with family and friends since Friday.

DeKrey said Kunkel’s mother is very ill. The move may help family members remain connected.

No future hearings are now scheduled in the case.

DeKrey said Kunkel and his legal team still hope for full exoneration. Both sides are waiting for the Supreme Court appeal decision.

A fundraiser titled “Help Werner Kunkel Reconnect with Loved Ones” has been posted on GoFundMe.

Fassett’s killing and Kunkel’s conviction were also featured in reporting by The Forum.

I’m Chris Harper reporting for TRF News.