Screen Capture A screen capture of targeted online advertisement for a survey commissioned by the attorneys of Nichole Rice, the woman accused in the 2007 murder of Anita Knutson, shows Rice, at left, and Knutson, at right.

The Ward County State’s Attorney is requesting a gag order in the case of Nichole Rice after her attorneys circulated a survey on social media, probing potential jurors on whether they thought their client was guilty of murdering her roommate Anita Knutson in 2007.

Assistant State’s Attorney Stephenie Davis filed a series of briefs and motions with the court on June 16, saying the prosecution had become aware of social media posts calling attention to targeted online advertisements for a Survey Monkey survey titled “Knutson/Rice Survey.”

The link to the survey led respondents to another page containing a series of questions confirming whether they were 18 years of age or older, resided in Ward County, acknowledge awareness of the case surrounding Knutson’s death, and whether they believe Nichole Rice is guilty. The state included exhibits and affidavits with their filings, attesting to ads for the survey on Facebook and Twitter.

Prosecutors are seeking to bar defense counsel from conducting further surveys or “polls” of the public, but which also would prohibit other forms of “media outreach.” District Court Judge Richard Hagar did not issue an expedited gag order but did ask that Rice’s attorney, Philip Becher, respond by Wednesday, before a possible hearing.

Prosecutors say the existence of the survey on its own was troubling, but the last question in particular was cause for concern. In her brief, Davis says that prosecutors reached out to Becher of the Sand Law firm regarding the survey, who admitted it was initiated by a consulting firm, Veracity IIR, that had been hired by defense counsel. Davis’s brief indicated Becher believed the survey was necessary because of disagreements over a possible change of venue for the case. Becher was quoted in the brief saying, “I gave you a chance to agree to a change of venue and you wouldn’t.”

The state’s brief goes on to raise concerns over the veracity of the responses and results of surveys from Surveymonkey.com, which they say lacks proper controls and guarantees. Prosecutors also allege the survey could have the contradictory consequence of generating further public discourse and awareness of the case, with questions that they feel could perpetuate and create bias within potential jurors who view it.

“The survey is absent of any facts, and yet a determination of Defendant’s guilt is required. The survey is anonymous, which further limits the usefulness of any data collected related to bias. There is no way for the State or Defense Counsel to verify the answers to the survey and comments on social media are from someone who is a potential juror in the case,” Davis said in her brief. “When a party to an action creates attention in the media, such as this survey has, it removes the safeguards created by the courts to guarantee the system of justice is protected from undue influence or bias.”

Becher’s response was filed last Wednesday, citing case law that he says supports the defense’s right to submit qualified public opinion surveys and other testimony to demonstrate community bias caused by media coverage.

Becher submitted two exhibits with his response: a March 17, 2022, article published in The Minot Daily News reporting on Minot Police Chief John Klug’s press conference announcing Nichole Rice’s arrest, and information regarding Veracity IIR founder and CEO J. Douglas Kouns. Kouns is a retired FBI agent whose company conducts jury surveys and consulting on a variety of legal and justice-related matters.

Becher contended the questions of the survey were not leading, but rather finely crafted by the consulting firm “to obtain relevant information without being influential.” Becher said results were hidden from respondents and remain confidential.

Becher further claimed the only reason a survey was necessary was due to what he called an “elaborately produced TV presentation regarding this case,” in which he says law enforcement put forward conclusions into the public domain. Minot Police Chief John Klug was quoted in the March 17, 2022, article saying, “I’m glad to say that we have a person responsible for the murder of Anita Knutson in custody.”

A hearing regarding the gag order has not been scheduled as of Thursday afternoon but is expected to take place sometime today. Becher did not respond to a request for comment.