The Ward County State’s Attorney’s Office argues that the state’s new Marsy’s Law protecting victim rights gives Judge Gary Lee authority to bar convicted murderer Richie Wilder Jr. from having any contact with his two children by the woman he murdered. His defense attorney has objected to the state’s interpretation.

Wilder was sentenced in May to life in prison without parole for the November 2015 murder of his ex-wife, Angila Wilder. He is challenging as illegal Lee’s order that he have no contact ever again with his 12-year-old daughter and 6-year-old son by Angila Wilder.

“While North Dakota’s sentencing chapter does not provide for a no contact order in conjunction with an executed sentence,” wrote Ward County Deputy State’s Attorney Kelly Dillon in a document filed with the district court on Aug. 8. ” the State submits that ‘Marsy’s Law’ does … A ‘victim’ includes the children of a deceased victim … A victim has the right to be reasonably protected from the accused.”

Dillon wrote that Wilder murdered the children’s mother to remove her from their lives. Richie Wilder Jr. and Angila Wilder had a contentious relationship and had fought over custody of the children.

Raissa Carpenter, Wilder’s defense attorney, wrote in a response filed Aug. 15 that Lee’s order is illegal because it is not in the state sentencing statute and it denies Wilder due process. No one has exercised the children’s rights under Marsy’s Law and there had not been a no contact order in effect barring Richie Wilder Jr. from contact with the children, she wrote.

Carpenter also argues that Marsy’s Law was passed after Wilder committed the murder and applying the no contact provision would be illegal. Courts have ruled that it is unconstitutional to apply a law retroactively.

Both children were staying with their father and their stepmother, Cynthia Wilder, on the night of the murder. They are now living out of state with their maternal grandmother. Cynthia Wilder has been charged with conspiracy to commit murder for allegedly helping Richie Wilder Jr. plan the murder and cleaning up afterwards.

– Andrea Johnson