Local News

Late evidence pauses murder trial

Despite the empaneling of 12 jurors and two alternates, the murder trial of the man charged in a 2021 murder was discontinued before they could be sworn in.

North Central District Judge Gary Lee apologized to the jury, saying the proceedings in the murder trial of Kamauri Kennedy, 35, Minot, "had run into a roadblock" in "late discovered evidence." Lee dismissed the jurors all from their responsibilities, saying it would likely take a month or more before the investigation is completed and a new date can be scheduled.

"It wouldn't be fair to the state; it wouldn't be fair to the defendant to go forward at this time with this late discovered evidence. Rather than risk a mistrial later down the road or an appeal, we will have to start again later on down the road." Lee said.

The evidence in question was four DNA samples collected from several items found in or near the burned vehicle where the victim's body was discovered. A flurry of requests and responses were made by both Ward County prosecutors and Kennedy's attorney William Skees at the end of March related to the discovered evidence.

Ward County Deputy State's Attorney Tiffany Sorgen told the court the file for the requested analysis of the samples against the Combined DNA Index System (CODIS) got lost in the shuffle, but that it was being processed by the State Crime Lab pending a confirmation of any results.

Forensic Scientist Amy Gebhardt testified regarding the status of the analysis, saying Sorgen had informed her the court date was approaching, but she couldn't be certain of the date the call occurred or if Sorgen communicated regarding the "hard and fast filing deadline" set by Lee.

Gebhardt clarified the possible results that could be delivered. Any matches are then reviewed and double checked by the State Crime Lab before the delivery of a summary report to investigators and prosecutors.

Assistant State's Attorney John Michael Gonzalez said that unless the information from the tests could be provided in a timely fashion, the state likely would have no choice but to accept Skees's motion to continue the proceedings to a future time.

"I don't have to tell the court what's at stake for my client, that being life in prison without the possibility of parole. To proceed to trial with what amounts to an elephant in the room, would be a disservice to my client and misservice to justice." Skees said. "God forbid your honor, but if they run that report, and its known DNA of a known person that can be identified and researched, and somehow has a connection to this state and this town at the time of this incident. That information being known and available and not presented to a jury, almost guarantees that my client's right to a fair trial has been violated."

Gebhardt clarified she could check the preliminary results from the CODIS search in about five minutes, but emphatically stated she was strongly discouraged by the Federal Bureau of Investigation from discussing or sharing anything before the confirmation process had been completed.

Lee responded saying that he "strongly encouraged" her to check the preliminary results delivered by the CODIS search, and share that information with the parties so they could determine the next steps to take in the proceedings.

A brief recess followed while Gebhardt made her calls to check the results, which were then shared with the parties, who then agreed to continue the trial to another date.

Kennedy briefly spoke after receiving a caution from Lee that any statement he makes could be used as evidence later, saying only, "I have no choice but to go for a continuance."

The trial will likely be pushed to the fall due to Lee's full calendar and another scheduled murder trial for Nichole Rice in July.

Skees clarified with Lee that a new jury will be selected.