Shawnee Lynn Krall, 28, Minot, is claiming that he is not guilty of the rape and murder of his roommate due to lack of criminal responsibility, North Dakota’s version of the temporary insanity defense.

Krall has been charged with Class AA felony murder and Class AA gross sexual imposition in the Dec. 22, 2020 death of Alice Queirolo, 29, in Minot.

His attorney, Ward Johnson, notified the court on June 22 that Krall intends to assert a defense of lack of criminal responsibility. Judge Stacy Louser signed an order on Monday to have Krall evaluated at the North Dakota State Hospital.

Queirolo, whom police said had suffered from a brain tumor, was reported missing by her family and co-workers when she did not show up for work and police found that she had left home without her cell phone or vehicle. Her body was later found at a secondary, northwest Minot location. Krall was implicated in the murder and was placed under arrest. He was charged with murder and the state later amended the complaint to add the rape charge as well.

Court documents in the case have been sealed.

An insanity or temporary insanity defense, in which the defendant argues he is not culpable because of his mental state at the time of the crime, is rare. However, it has been used successfully in several instances in the North Central Judicial District in recent years, in murder, physical and sexual assault cases.

In those cases, the district court is permitted to retain jurisdiction over the defendant found not guilty due to lack of criminal responsibility for the length of the maximum sentence allowed for a crime. Krall is charged with two Class AA felonies, both of which carry a maximum sentence of life without the possibility of parole. The defendant can be confined to the state hospital until he is deemed no longer a danger to himself or to the community. In other cases, when a defendant is considered no longer a danger to the community, he might be permitted to live and work in the community while attending regular counseling through the North Dakota Department of Human Services. The district court judge will then periodically hold a hearing to review the case and consider whether the defendant must continue to remain under supervision.

The next court hearing scheduled for Krall is a pretrial conference set for Nov. 3 before Judge Louser.