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Decker Sentencing Postponed; Hearing Held On Defense Motion For New Trial

July 29, 2022 Steve Schwaller

(Spirit Lake)– Sentencing for Allison Decker, who was convicted on all three counts against her in the death of Angel Bastman of Lake Park, was supposed to take place this (Fri.) morning, but wound up being postponed. Judge Shayne Mayer said her court reporter is out of town, and that she didn’t feel comfortable in making a ruling from the bench on defense motions for a new trial without having access to transcripts.

A hearing into the motion for a new trial did proceed this (Fri.) morning. Defense attorney Ned Bjornstad said his request is based on several things, including claims that testimony should have been allowed from a defense witness, and that they’ve discovered some new evidence since the conclusion of the trial from another person by the name of Tyranny Steinhoven. Bjornstad requested a subpoena be issued and that Steinhoven be examined and cross-examined, with the judge then making a determination as to any relevancy. Bjornstad also cited what he feels was insufficient evidence to convict Decker and called into question testimony from a trial witness…

“One, the testimony of Justice Berntson who was without any credibility whatsoever who by his own admission had used and consumed methamphetamine and heroin on the same day, that his recollection of events would be skewed at best. And then the only other evidence that we believe is relevant would be the statement that the court considered “I did it”, which there is a rational explanation given both by the defendant and by Ms. Steinhoven. For those reasons, Judge, we ask, the defendant asks, that the court grant a new trial.”

Dickinson County Attorney Amy Zenor, representing the state, argued the defense and Decker had plenty of time to present all of the evidence during the trial itself…

“She has used over $20,000 in stipends for investigators; she has reached out herself to witnesses that she was told not to talk to. If this new evidence was available, it would have been available in December of 2020. We are here in July of 2022 with a conviction rendered by this court.”

Judge Mayer gave the defense until Monday to provide any supplemental documents requesting a new trial and the state until August 8th to submit its response. She didn’t give an indication as to when a ruling on the motion for a new trial might be made, only saying it would be in writing. A new date for sentencing also hasn’t been set.