(Spirit Lake)– A judge Tuesday heard additional motions in the case of a Spirit Lake man accused of kidnapping and willful injury. Two motions by the defense to dismiss the charges against Wade Gardner drew most of the discussion.
In asking the judge to grant the motions, defense attorneys Larry Stoller and Michael Johnson maintained there’s a lack of evidence to support the charges. They say that’s especially the case since the alleged victim, Deb McDonald, recanted part of her story in recent depositions. Based on that, Johnson said there’s not enough evidence in minutes of testimony to warrant the charges…and the case should be dismissed.
The state strongly resisted the motions. Laura Rohn, an assistant with the Attorney General’s Office who’s assisting County Attorney Ned Bjornstad in prosecuting the case, said there are no permissible grounds to dismiss the charges…and that a jury should determine the case based on testimony from witnesses.
In another motion, the defense requests that if it has them, the state should be required to share any proof of specific acts it has against Gardner.
Judge David Lester took the motions under advisement.
Trial for Gardner is set for January 22nd.
Gardner was freed on bond last week after Judge Lester reduced it.
