by INFORUM
Kirkpatrick’s lawyers seek change of venue, suppression of statements he made to investigators
January 6, 2011 at 3:02 am in INFORUM
FARGO Attorneys for Gene Kirkpatrick have asked a Cass County judge to move his upcoming jury trial out of Fargo and suppress statements he made to detectives during the investigation into the murder of Fargo dentist Philip Gattuso.
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I agree. I don’t think he could get a fair trial here. He will likely be found guilty anywhere he goes, but it would not be fair for him if the trial was held here.
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I’m not a lawyer or a judge or anything like that, but if this venue was fair enough for the system to allow Nakvinda to be tried here, it should work for Kirkpatrick. It is the same crime, they both have had the same extensive media coverage of the crime with both of their names in the media.
But I also realize that he is a lawyer and this is how the system works, it would be dumb not to ask for this no matter what the case, no matter who the lawyer is. In this case you have to at ask for a change of venue or you are not doing your job. And really, personally (not that what I think matters in all this) I don’t think it will matter at all in the outcome of this crime, so go ahead move it to Bismarck. I just feel that if Kirkpatrick’s trial gets moved, Nakvinda’s should have been moved too.
I do have a problem with suppressing the voluntary information that Kirkpatrick gave detectives. It only gives Kirkpatrick the chance to come up with a big story.
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You are right – if his lawyer doesn’t ask for a change of venue it’s just one more thing Kirkpatrick can appeal later. I’d rather he just be found guilty and disappear in prison. I’m sure his name will pop up from time to time anyway like that Gaede guy though.
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Actually, you have it backwards. If he asks for a change of venue and it’s denied, it’s an appealable issue. If he never asks for a change of venue, Kirkpatrick cannot appeal that issue because he never raised it with the trial judge.
So, your statement, “if his lawyer doesn’t ask for a change of venue it’s just one more thing Kirkpatrick can appeal later” is incorrect. If his lawyer doesn’t ask for it before trial, he can’t ask for it for the first time at the Supreme Court level. It’s barred.
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you can’t get a fair trial in this town you always get found guilty.hopefully it gets moved.
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For some reason unknown to me, I am not able to check Like or Dislike. I do think that Kirkpatrick can get a fair trial here, but it may be better to move it. Wonder why Grand Forks is not an option? I also have a problem with suppressing voluntary given information. Being tired does not change the facts.
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