Ramsey County, N.D. (trfnews.i234.me) — A North Dakota inmate is seeking a new murder trial.
Case background
Werner Wolfgang Kunkel was convicted by a jury in August 1995. Jurors found him guilty in the 1986 killing of Gilbert Fassett. Fassett’s body was found on Aug. 10, 1986. It was found in the Fort Totten area of the Spirit Lake Nation reservation. The Bureau of Indian Affairs lists Fort Totten service details online.
Investigators did not arrest for years. Prosecutors charged Kunkel in January 1995, court records show. The state said Fassett died late on Aug. 1, 1986. Prosecutors argued nobody saw Fassett alive after that night. The trial relied on witness claims about admissions. It also relied on other proof about the men’s movements.
A 1996 North Dakota Supreme Court decision describes the trial evidence. Read it here: State v. Kunkel (1996).
What the new filing claims
Kunkel has filed a new request for post-conviction relief. He says prosecutors failed to share helpful evidence with his defense. The filing points to police reports from 1986. Those reports describe witnesses who said they saw Fassett alive after Aug. 1.
One witness was Mel Brodell, the owner of Mel’s Corner Bar. Filings say Brodell told police he saw Fassett at the bar days later. Another witness was Byron Anderson, a National Guardsman. Filings say Anderson gave Fassett and his girlfriend a ride after 1 a.m. on Aug. 2. Kunkel’s lawyers say Guard records support that timing.
Questions about evidence
The filing also raises questions about alcohol testing. Several trial witnesses said Fassett was very drunk on Aug. 1. The toxicology report said his liver tested negative for alcohol. Two forensic pathologists, including the original examiner, filed statements. They say heavy drinking can still show in liver tissue later.
The defense also says key physical items are missing. It says Fassett’s clothing cannot be located today. The filing argues the clothes could be tested with modern methods. The state disputes parts of the new claims.
What happens next
An evidentiary hearing is scheduled in Ramsey County District Court. Kunkel’s team says it plans to call eight witnesses. The state says it plans to call two witnesses. The judge will focus on trial fairness. The hearing is not a new jury trial.
Cases like this often cite the Brady disclosure rule. The rule requires prosecutors to share key evidence with the defense.
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I’m Chris Harper reporting for TRF News.