Nichole Rice

GRAND FORKS –The defense rested its case after calling a single witness in the trial of Nichole Rice for the murder of Anita Knutson Tuesday morning in Grand Forks.

The proceedings picked up where it left off on Monday afternoon with the testimony of defense expert James Douglas Kouns. Kouns is a former FBI agent of 22 years hired by Rice’s attorney’s to review the case file for Knutson’s murder. Kouns was sequestered for the majority of the State’s witness testimony, but was allowed by Judge Richard Hagar to be present for the State’s final witness, primary case agent Sgt. Carmen Asham.

Rice’s attorney William Sand elicited testimony from Kouns Tuesday morning for his opinion on a number of conclusions from the state’s case. Kouns testified that he found it unreasonable that investigators did not consider Devin Hall as a person of interest in Knutson’s murder.

Kouns cast doubt on testimony from Asham that based on records, witness testimony and a home video, Hall didn’t arrive in Minot until the evening of June 3, 2007. Investigators believe that Knutson was murdered sometime in the early morning on June 3, 2007.

Kouns said Hall gave different answers in interviews as to the day he arrived in Minot in June 2007, telling investigators in his first interview that he arrived on June 2, 2007, the day before Knutson’s murder. Kouns testified Amtrak records he reviewed didn’t show Hall rode the train, but they did show some of Hall’s party arrived in Minot on June 2. Kouns testified the video cited by Asham didn’t record the date it was made.

Additionally, Kouns testified investigators were overlooking an astronomical coincidence that Hall claimed he owned a knife identical to the murder weapon, which also had a medallion missing from one side of its handle just as the murder weapon did. Kouns testified this indicated in his opinion that the Minot Police Department failed to follow up with loose ends of the case which were not pursued in enough depth.

“I hate to be critical, but not very good. There’s a lack of attention to detail. There’s a lack of thoroughness. They seemed to spend a lot of attention running down dead end rabbit holes while glossing over some important facts and details,” Kouns said. “I don’t think we have the correct person being charged in my opinion. Being a person with a law enforcement background and investigates for a living, I’d like to investigate this further. There’s a lot of work left to do.”

Kouns cross examination

On cross examination, Assistant Ward County State’s Attorney Christopher Nelson teased out a number of conclusions Kouns testified to, which Nelson said were contradicted by testimony from a number of state witnesses. These facts included that only one locksmith in Minot could have made a copy of the apartment key, and that apartment manager Laura Knapp testified that she had found the door locked when she attempted to gain entry after Knutson’s father observed her deceased on her bed through the apartment’s window.

Nelson extracted a number of admissions from Kouns during cross examination that he had certain facts wrong and was glossing over some of the information from the case file himself.

Nelson also raised the issue of information held back by law enforcement during their investigation, and statements from witnesses which indicated that Rice had knowledge of information unknown to the public. Nelson said previous testimony established Knutson’s body was removed from the scene, along with other evidence including a tupperware bowl of water found in a sink. Rice’s aunt Brenda Glinz testified on Monday that Rice told her Knutson looked “peaceful” while lying on her bed, wore a white robe and there was a tupperware bowl in a sink.

Kouns responded if the statement was true, he couldn’t explain it, but conceded to Nelson that the only way Rice could have known those facts was if she was in the apartment before she said she was. Nelson asked Kouns about Rice’s alibi and timeline. Kouns acknowledged there wasn’t a witness who could testify about her whereabouts at the time of the murder, and it was possible that Rice had enough time to return to Minot and commit the murder.

Sands queried Kouns on redirect regarding a number of the issues raised by the State, and the parties went back and forth for a stretch before the defense rested its case without calling another witness.

Trial nears homestretch

After the defense rested, Hagar released the jury for lunch. Outside the presence of the jury, the parties clarified the defense would not be calling any additional witnesses, and after a brief recess that the State would not be calling any rebuttal witnesses.

The parties then began discussing the jury instructions, during which Sorgen clarified that murder was to be stated as occurring on June 3, 2007.