Rice murder trial could be moved to new venue
Both parties agree fair trial ‘impossible’ in Ward County
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The murder trial for the woman accused of killing Anita Knutson in 2007 could be moved to a new venue in light of an analysis of prospective juror questionnaire responses that prompted the defense and prosecutors to eliminate a significant share of the candidates.
Nichole Erin Rice, 36, Minot, appeared in North Central District Court in Minot on Wednesday for the hearing to review the responses from potential jurors, which was moved up on the calendar at the request of the parties.
Regional and national interest in Knutson's murder spiked following Rice's arrest in March 2022, which came after assistance and coverage of the cold case investigation by the team behind the television series "Cold Justice."
Rice's attorneys had previously attempted to make the case for a new venue by commissioning an online survey in June 2023 that was targeted at social media users both inside and outside of Ward County. The state responded at the time by requesting a gag order on the parties out of concern the survey would further inflame local interest in the case and lacked proper controls and guarantees. Hagar ultimately ruled against the full gag order, ruling instead that any surveys should be done through an official questionnaire.
The hearing began with Rice's attorney Philip Becher asking that 76 of the 125 potential jurors who received questionnaires be excused, saying he had previously discussed their removal with Deputy State's Attorney Tiffany Sorgen, who was in agreement.
District Judge Richard Hagar said there were "a lot more" excused jurors than he had anticipated. Hagar also noted that of the 49 remaining, 10 also would have to be removed for cause, further limiting the available pool.
Becher responded that between the two parties there likely would be issues that would require additional requests to further cull those who remained, up to and including all of them. Sorgen said the state would likely request at least half of the 49 be excused, "from the perspective of a fair trial for all parties, including the state."
Hagar said it would be "difficult" to empanel a jury in light of these results and asked Becher what alternative measures were being considered.
"The issues that are present with the panel that these potential jurors have described, in my view, and I think in discussing this with Ms. Sorgen I think she agrees, there is prejudice against Ms. Rice in Ward County to such an extent that we don't believe obtaining a fair trial for Ms. Rice in Ward County is possible," Becher said. "In order to secure a fair trial for both parties, it should be moved from Ward County to another North Dakota county for trial."
Sorgen told Hagar she and Becher have had extensive conversations since the questionnaires were returned and shared their respective analysis of them during these discussions.
"As much as I am reluctant to state this trial should not happen in Ward County, I think it is not possible for either Ms. Rice or the state to get a fair trial in this matter. I would rather not do this over again. If this were to happen in this county, I think that's exactly what's going to happen is it will be reversed and remanded for a new trial," Sorgen said. "I think we need to get it right the first time. I think the only option at this point is to transfer to another venue."
Becher told Hagar he had already prepared the stipulation and analysis of the eight factors that are required to be met for a change of venue, and Sorgen indicated it would be a joint filing by both parties. Hagar asked that it be filed with the court to allow him to review it before a formal hearing, should he rule in favor of changing the venue.
Hagar informed the parties they should keep the current trial dates from July 15 through Aug. 2 on their calendars until a ruling has been made. He announced a hearing will be scheduled in the near future.