The North Dakota Supreme Court heard oral arguments on Oct. 7 in the Ward County State’s Attorney’s Office appeal of a judicial ruling suppressing evidence in a Ward County murder case.

Shawnee Lynn Krall, 29, Minot, has been charged with Class AA felony murder and Class AA felony gross sexual imposition in the Dec. 20, 2020, death of his roommate, Alice Queirolo, 29, at a Minot residence. Krall remains in custody on the charges.

North Central District Court Judge Stacy Louser threw out all evidence, including the evidence of the victim’s body, which police found in the defendant’s vehicle on property belonging to another party. Minot police had asked for a warrant for that vehicle but were turned down by both Krall’s probation officer, because she didn’t know if he actually owned that car, and by the Ward County State’s Attorney’s Office, which told them they didn’t have enough evidence to get a warrant.

A witness, Zach Barnett, testified at a district court hearing last November that he saw Minot police open the car door before Barnett asked them to have it towed away. The two officers testified they hadn’t opened the car door until the witness made the request. Louser believed Barnett’s account and wrote that she found his testimony consistent. She determined the two officers had illegally searched the vehicle.

During the oral arguments before the State Supreme Court, defense attorney Nicholas Thornton argued that a ruling in favor of the Ward County State’s Attorney’s Office would “emasculate the Fourth Amendment.” Thornton argued that this was a case of the two Minot Police officers refusing to take no for an answer, that they conducted the search to speed up the investigation and tried to avoid the Fourth Amendment requirements for a search.

Thornton also noted that the defense had argued that Krall should be released on bond pending the Supreme Court appeal. The state’s attorney’s office argued that further evidence has turned up that can be used to prosecute the murder charge. Louser had agreed to lower Krall’s bond to $200,000 cash or corporate surety from the previous $2 million. Krall has not been able to post bond.

Ward County Assistant State’s Attorney Leah Viste argued during the oral arguments on Oct. 7 that the body in the trunk would have been inevitably discovered anyway. Viste also noted that Barnett agreed with the officers that the trunk of the car had not been opened and the body was not discovered until after Barnett had asked for the car to be removed and the tow truck was already on the scene.

Viste told the justices that the gross sexual imposition charge against Krall will not stand if the evidence from the car is suppressed. The sexual assault evidence came from an autopsy of the victim. However, it is possible that the murder charge against him could be prosecuted based on other evidence.

The Supreme Court will make a ruling on the appeal at a later date.