Local News

Krall accuses state of destroying evidence

Special prosecutor possible

A Minot man charged in the murder of a woman in 2020 is asking the court to drop a related charge of gross sexual imposition and is accusing state prosecutors of destroying evidence, among other alleged violations.

Shawnee Krall, 30, Minot, appeared in district court in Minot on Wednesday morning for a status conference ordered by Judge Stacy Louser. Louser said she called the conference to clarify the nature and intent of Krall's allegations, which he believes should be cause to dismiss the charge of gross sexual imposition with prejudice. Louser had previously tossed out critical evidence in the case that included the body of the victim, Alice Queirolo, 29, a decision that was affirmed by the North Dakota Supreme Court.

Krall's court-appointed attorney Breanna Delorme appeared remotely and confirmed for the court that her client intended to explore allegations of the consumption and destruction of state evidence, "among other things."

"I would like a little bit more detail. I'm not sure what 'among other things' means. This will not be an evidentiary hearing by ambush," Louser said.

In a previously filed response to a motion by the state to dismiss the second count without prejudice, Krall asserted that the state has "acted in bad faith and maliciously throughout its attempted prosecution of Count II." Krall's response further alleged the manipulation of witnesses and "poor treatment" of his family before requesting an evidentiary hearing on July 25.

Delorme asserted on Wednesday that there wasn't a single violation she could point to but said that Krall's allegations required a variety of small details that collectively support his claims. Most critically, Delorme confirmed for the court that the allegations will be made directly against the Ward County State's Attorney's office and specifically against Deputy State's Attorney Tiffany Sorgen. Sorgen and the state had issued a response denying the allegations of manipulation and poor treatment.

This led Louser to her next concern, which was addressing the possibility of conflict of interest and scheduling created by the allegations. Turning to Sorgen and Assistant State's Attorney Stephanie Davis, Louser discussed requests for a continuance for the July 25 hearing. Davis said she was scheduled to appear as second chair in an unrelated trial scheduled that day, making her unavailable to represent her office and Sorgen in the evidentiary hearing.

"If I'm not mistaken, Ms. Sorgen is the deputy state's attorney correct? As the assistant state's attorney, you're under the chain. Is there not an inherent conflict in your office prosecuting this case as well as representing itself in allegations of unethical behavior?" Louser asked. "How then can you wear two hats and defend your office against those allegations?"

Davis acknowledged this issue was one the office was trying to parse out, a decision she said was frustrated by the vagueness of Krall's allegations. Davis said they were considering the possibility of bringing on outside counsel to handle the ethics allegations or having a special prosecutor appointed for the July 25 hearing but was pressed by Louser to make that decision sooner rather than later.

"It would seem that decision needs to be made relatively quickly. Quite honestly, the court is not interested in putting the state, the integrity of this case, or the integrity of the court in question," Louser said. "If there is a conflict, it would seem the prudent decision would be to make that decision, and that a special prosecutor needs to be assigned for that evidentiary hearing. That should be done immediately."

Davis said she anticipated the dates already set in the schedule for the long-awaited trial would be kept but asked Louser for a day or two for the office to determine how they will be proceeding. Louser responded the state would be required to provide its answer that day by noon.

The evidentiary hearing on July 25 is scheduled to begin at 12:30 p.m., with both parties agreeing to about two hours to hear testimony from their respective witnesses, despite Davis saying that the state has been hamstrung by the lack of detail in Krall's allegations that "the state has engaged in trickery."

"Given Mr. Krall's statements at the last hearing, I do believe it’s clear that he intends to demonstrate the evidentiary issues that have been presented and additional smaller things that have now been brought to my attention. These things add up to a larger thing," Delorme said.

In a filing made shortly after the conference ended, the Ward County State's Attorney served a Demand for a Bill of Particulars on Delorme and her client. The state is demanding that Krall provide specific instances and circumstances of "trickery," details on witnesses who have been allegedly manipulated, to further explain allegations of "poor treatment" of his family during the proceedings and set forth the allegation he made in court that "exculpatory" evidence was "consumed" or destroyed. Sorgen authored the request, closing each item by saying that a generalized allegation will not be sufficient to satisfy the demand.

It could not be confirmed Wednesday whether a special prosecutor has been appointed or outside counsel has been retained by the State's Attorney's office for the July 25 evidentiary hearing.