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(KNOX) – A Devil’s Lake man who has spent more than 30 years in prison for a 1986 murder would like a new trial. The man claims prosecutors hid evidence that the victim was seen alive after the state said he was killed.
Werner Kunkel was convicted in 1995 of stabbing Gilbert Fassett more than 100 times, but court filings reveal multiple witnesses told police they saw Fassett alive days after prosecutors claimed he died, statements never shared with Kunkel’s defense team.
According to legal documents filed in December, the prosecution’s case hinged on one claim: that nobody saw Fassett alive after Aug. 1, 1986. Court filings reveal multiple witnesses gave statements to police saying they saw Fassett alive after Aug. 1, statements never turned over to the defense.
An evidentiary hearing has been scheduled in Ramsey County District Court. Kunkel’s team plans to call eight witnesses, including his original trial attorney and the forensic pathologists. The state plans to call two witnesses, including the original prosecutor. The question before the court is not whether the evidence proves Kunkel is innocent, rather whether he received a fair trial, and whether the verdict is worthy of confidence.
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