(Spirit Lake)– Testimony resumed today (Thurs.) in the trial of Kenneth Nielsen of Spirit Lake, accused of fatally shooting a Worthington, Minnesota man back in July, 2007.
Victor Murrillo, a criminalist with the DCI, resumed his testimony after leaving off for recess Wednesday. Murrillo testified he was able to match the trajectory of the bullet that struck Marlan Lutterman with the crime team’s findings. Murillo added he was not able to determine where the gun was when it went off. He also said his investigation showed there was very little deflection of the bullet as it traveled through four panes of glass.
Next on the stand was Dr. Dennis Klein, a Forensics Pathologist and Deputy State Medical Examiner who performed an autopsy on Lutterman’s body. He testified the bullet entered Lutterman on the upper left side of his back and that the entrance wound was as he put it “a-typical” of other gunshot wounds. Dr. Klein testified the bullet was found in soft tissue near the heart. He added there’s no way Lutterman could have survived as the bullet injured the heart and left lung. Dr. Klein said he ruled the death was caused by a gunshot wound to the chest.
With that, the state rested its case around 10:10 a.m.
Following a brief recess, the defense called its one and only witness to the stand, John Clayton, a Forensics Specialist with an extensive background as a chief criminalist. He testified that he attempted to reconstruct in a laboratory the same scenario as to which Lutterman was shot. He said he was not able to get the same result. He said he believes what happened is plausible.
The defense then rested its case.
Court was recessed until 1:30 p.m. at which time closing statements are expected along with jury instructions and submission to the jury.
