Arguments over Rice trial postponement: New evidence, lawyer departure, and police chief investigation
Nov 04, 2024
MINOT, ND (KXNET) — The lawyer of the woman accused of murdering her roommate, Anita Knutson, nearly 17 years ago in Minot, is asking the judge to postpone the trial, again.
Nichole Rice's attorney from Sand Law PLLC is asking the judge to reschedule the January 2025 trial on three grounds: the recent filing of new evidence by the prosecution, the departure of Rice's head attorney on the case from Sand Law PLLC, and the recent investigation into Minot's Police Chief, John Klug.
Departure of Attorney Becher from Sand Law PLLC
Defense:Rice's new head attorney, Richard Sand, claims he needs time to get up to speed with the case, due to Rice's former attorney, Philip Becher, separating from the law firm. Becher has been Rice's head attorney since she was arrested in 2022. He informed Sand Law associates that he would be leaving the law firm with an end to his employment there effective November 1, 2024. A Substitution of Attorney motion was filed in District Court on October 24.
Prosecution:The prosecution argues that Richard Sand has always been involved in this case. They also state that Becher informed Sand Law associates of his intention to leave the law firm on October 4th, with an end-of-employment date set for November 1, and proceeded to wait 20 days to file for a continuance. They also argue that there are still three months before the trial begins, which is plenty of time to get caught up on the case.
Entomology Expert
Defense:Sand claims the discovery report submitted by the prosecution on October 24, revealing evidence that pertains to the victim's body and time of death, needs to be reviewed in depth. This would take time for Sand to review and prepare for the testimony of the Expert Witness regarding their discovery in the report.
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Prosecution:The State Attorneys responded that they had decided not to call this Expert to testify because of the lack of impact it would have on the case. They also state that this report is only three pages long and would not take much time to review or prepare for. They believe this evidence isn't useful for the Prosecution or the Defense.
Defense:Sand believes that the discovery is very possibly exculpatory evidence, and aligns with the theory of the case that the defendant's counsel has been laying the groundwork for since the preliminary hearing. He also believes that this discovery is extremely important and at a minimum will require more investigation. He also states that since this case was charged 15 years after the victim's passing, the defendant was unable to investigate much of the physical evidence that was available at the time, making this recent discovery even more important.
Investigation of John Klug
Defense:The defense believes the recent investigation into Minot Police Chief John Klug will reveal his management of the Minot Police Department and/or his conduct as an officer, which both correlate with the investigation of this case. They state John Klug was the responding officer in the original investigation of this case in 2007, and was the Police Chief at the time of Rice's arrest. They state this investigation could also impact Klug's truthfulness about the evidence in this case.
Prosecution:The state argues that nothing is currently known beyond speculation when it comes to the investigation into Klug, which would not justify a continuance. They also argue this information regarding Klug's investigation became public on September 26, and the defense has waited four weeks to raise the issue of it.
Rice's attorney is requesting a hearing to discuss these filings and to discuss a continuance.
The trial is currently set to happen in Grand Forks, starting January 6, 2025, and last three weeks.
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