North Dakota appeals ruling that overturned decades-old murder conviction Werner Kunkel, a 65-year-old man from Germany, remains incarcerated at the James River Correctional Facility in Jamestown as the state of North Dakota appeals a recent court decision that overturned his 1995 murder conviction. The case, which has drawn significant legal and immigration scrutiny, now awaits resolution from the North Dakota Supreme Court. The state’s appeal centers on two key points raised by prosecutors. First, they argue that Kunkel delayed filing for post-conviction relief for an excessive period, which they claim violates procedural rules. Second, they dispute the judge’s ruling that the prosecutor during Kunkel’s original trial withheld evidence that could have bolstered his defense. The ruling, issued last month, led to the dismissal of Kunkel’s murder conviction, prompting the state to seek a reversal. Kunkel’s legal team had previously requested a release hearing to assess whether he could be freed while the appeal process unfolds. However, the hearing was canceled at the last minute, with attorney Dane DeKrey stating it was in Kunkel’s best interest to remain in custody. DeKrey emphasized the complexity of the case, noting that “this process is painfully slow” and that strategic decisions are necessary to navigate the legal challenges. Kunkel faces an active Immigration and Customs Enforcement (ICE) detainer due to allegations from the 1980s and 1990s that he wrote bad checks. While his lawyers hoped vacating the murder conviction would remove him from the deportation list, immigration judges consider “moral turpitude”—a term indicating bad morals—as part of the deportation process.#operation_metro_surge #north_dakota #werner_kunkel #james_river_correctional_facility #dane_dekrey
