The attorneys for Nichole Rice filed a motion for a continuance for the trial formerly scheduled to begin Jan. 6, citing a number of emergent factors.

Rice’s attorney Richard Sand articulated the defense’s reasons for the continuance at the hearing, with the first being a change in representation for Rice. Defense attorney Philip Becher informed the Sand Law Firm he would be leaving the firm Nov. 1. Sand, who has been substituted as counsel for Rice, said it was determined after a case review process that a continuance would be appropriate to familiarize himself with the case.

Another factor is related to an expert report regarding the growth of blow fly eggs on Knutson’s body, which Sand said had only been shared by the State’s Attorney’s office after it had denied his request for a stipulation agreeing to a continuance at the end of October.

Sand said this report could “potentially provide significant and independent support” for the defense’s theory regarding the involvement of an alternative suspect in the case named Devin Hall. Sand said he, Becher and the Ward County State’s Attorney’s office had deposed Hall after he was arrested on the Fort Peck Reservation in Montana.

“The fact of whether they are going to use this report or not, we very much want to use it,” Sand said. “This report turns the case on its head.”

The motion filed with the court also cited the announcement that Minot Police Chief John Klug has been placed on administrative leave pending the completion of an investigation into disciplinary inconsistencies and ongoing turnover facing the department. No timeline has been given by the City of Minot for the investigation, and Klug was set to be a witness in the case.

“The revelation that a major witness in the case is under internal investigation cannot be overstated in its significance,” the motion stated.

Sand said Klug’s testimony regarding the evidence related to Hall is integral to the defense’s case, and the investigation into Klug is going to be critical to their questioning of him at the trial.

“Our understanding of what comes out in this report is going to be very important as we cross-examine him, and for issues regarding Giglio and his truth and honesty based on that initial arrest of Mr. Hall,” Sand said. “We have been flummoxed the entire time as to why the investigation has taken the route it has the last 15 years. A big piece of this is timing, and why the FBI report was sent out and why the investigators of this county and this city had a lot to do with timing.”

Sand concluded by asserting the request was not being made to create a delay. He argued a continuance was essential to preserve Rice’s constitutional rights.

“There’s a lot going on here, but all three of these aren’t the fault of Mrs. Rice,” Sand said.

Assistant Ward County State’s Attorney Christopher Nelson filed a response to the motion on Oct. 30, arguing the analysis of the blow fly eggs was unlikely to be useful to either the prosecution or the defense. He also pointed out the defense waited four weeks after receiving notice of the investigation into Klug to raise their concerns.

Nelson took issue with Sands’ request, saying he has always been involved in the case and had a full three months to prepare after he was made aware he’d be the attorney of record at the trial.

Nelson questioned the importance of Hall’s deposition, saying he had executed his right to remain silent and didn’t answer questions. Sand pushed back ,saying Hall’s silence was only invoked after the questions shifted to the murder weapon in the case.

Nelson called Minot City Attorney Stefanie Stalheim to testify regarding the investigation into Klug. She confirmed the city expected to receive the report of its findings as early as Sunday. Stalheim testified the investigation was concerned with Klug’s management style and that while she was privy to some of its findings, she would not be sharing them publicly. Nelson asserted the nature of the investigation had no bearing on Klug’s honesty or truthfulness.

Nelson further cited Marsy’s Law rights held by Knutson’s family, which enshrine the right to proceedings free of unreasonable delay. A statement from Knutson’s sister was included in the response, stating the family has already invested significant time and resources preparing to attend the trial, which was previously moved to Grand Forks. Her statement further faulted Becher and the Sand Law Firm, saying the reasons cited in their motion appear “neither unexpected or unavoidable.”

“My family should not face further hardship because of Philip Becher’s poor planning,” her statement concluded.

Nelson said the prosecution is in agreement with the position and sentiment of Knutson family. He cited five previous requests for continuances filed by Rice during the proceedings.

“All previous continuances were made at the request of the defendant and granted by the court. By the time trial is scheduled to commence on January 6, 2025, 17 years, seven months and two days will have elapsed since the murder was discovered. The time for justice is now,” the response concluded.

Judge Richard Hagar ultimately ruled to grant the motion, and parties agreed to a new date of March 17-April 4 in Grand Forks.

“I think this is the right decision to make in regard to a continuance. I know a lot of arrangements have been made with your experts and witnesses and so forth, but this is the process that we have,” Hagar said.