Fravel’s omnibus hearing will discuss location tracking, Petito statement; venue change and 1st-degree murder held until April
(ABC 6 News) – According to the latest court filings, the defense and prosecution for Adam Taylor Fravel will discuss whether or not the State can use Fravel’s cell phone location data, allegedly un-Mirandized statements, and Madeline Kingsbury’s statements to counselors and therapists before her death, in trial.
Several other recent motions will be held until late April.
Fravel was indicted by a grand jury on a charge of 1st-degree murder following the death of his former partner, Madeline Kingsbury.
He is scheduled to appear for an omnibus hearing to discuss the case’s evidence March 19 and 20.
Adam Fravel’s defense submitted a motion to dismiss his 1st-degree murder charge Friday, Jan. 19.
However, discussion of that motion, as well as motions to hold Fravel’s murder trial outside of Winona County and fight the state’s attempt to secure a harsher sentence if convicted, will be reserved until a second omnibus hearing April 30.
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(ABC 6 News) – Adam Fravel’s defense submitted a motion to dismiss his 1st-degree murder charge Friday, Jan. 19.
Fravel was indicted by a grand jury on the charge following the death of his former partner, Madeline Kingsbury.
RELATED: Adam Fravel charges upgraded to first-degree murder – ABC 6 News – kaaltv.com
Fravel’s defense claims that a review of the grand jury’s discussion showed that the jurors did not have sufficient evidence to assert that Fravel caused “the death of human being with premeditation
and with intent to effect the death of the person or of another.”
Fravel faces two charges in Winona County Court — 1st-degree murder, which involves premeditation and intent, and a 2nd-degree murder charge, which can be levied without premeditation.
RELATED: Court eyeing fall 2024 trial date for Kingsbury murder case – ABC 6 News – kaaltv.com
Fravel’s defense also moved to dismiss the state’s statement of intent to seek aggravated charges, claiming that a “careful reading” of Minnesota sentencing guidelines would result in the judge concluding that the factors listed by prosecutors do not apply in Fravel’s case.
Both sides of the case filed a slew of motions Friday, including motions to exclude testimony related to Madeline Kingsbury’s medical history and mental health, or testimony about statements she may have made to therapists or counselors.
Yet another motion requests a change of venue, as Fravel’s defense believes that given the high media profile of the case, “a fair trial for Mr. Fravel cannot be accomplished in Winona County.”
The defense further moved to suppress a statement made to law enforcement during Fravel’s arrest April 2, before his arrest in June of 2023, during a conversation the defense claims was not Mirandized.
According to Fravel’s criminal complaint, he spoke to police on April 1 and 2, detailing his movements during and after Kingsbury’s disappearance March 30, 2023.
Fravel’s conversation with law enforcement on one of those days allegedly referenced the well-known murder of Gabby Petito, according to court documents.
Finally, Fravel’s defense moved to exclude from evidence all data from Fravel’s phone between March 31 and April 2, claiming that statements made to justify the warrant were false. The defense claims that law enforcement had location data for Fravel’s phone after March 30, but claimed they did not in order to secure a warrant for his phone data.
Fravel has a contested omnibus hearing scheduled for March 19-20.