The attorney for accused murderer Dennis James Gaede challenged the state's case Thursday, saying prosecutors have no physical evidence to support the charge.
Lt. Rick Majerus, the lead detective in the case, acknowledged at the preliminary hearing in Cass County District Court that searches of Gaede's home and a moving van found no physical evidence of the murder.
Gaede, 42, was charged this summer with murdering Timothy Wicks in 2001 in Gardner, N.D., then disposing of the body near the Wisconsin-Michigan border.
"So, Lt. Majerus," asked defense attorney Steve Mottinger, "we've got no physical evidence; we've got no admission (of guilt) - how the conclusion?"
Majerus, and later Assistant State's Attorney Mark Boening, said several witnesses and statements from Gaede's ex-wife and other inmates implicated Gaede.
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The state had to prove Thursday to Judge Steven McCullough that it had probable cause the crime occurred and that Gaede committed it.
Majerus, chief investigator for the Cass County Sheriff's Office, pointed toward Gaede's conviction of stealing Wick's identity for the motive.
Gaede completed his four-year sentence for the identity theft this summer.
Records also show Gaede rented a U-Haul in Fargo about the time Wicks went missing from his home in Hales Corner, Wis., and witnesses place Gaede at Wicks' home after the disappearance, Majerus and Boening said.
But their biggest piece of evidence comes from Gaede's ex-wife, Diana Fruge. She told investigators that Gaede woke her in their Gardner home on Dec. 28, 2001, and told her he had shot Wicks. She then saw Wicks and blood on the kitchen floor and watched Gaede put a plastic bag over Wicks' head, according to court records.
Mottinger attacked that piece of evidence, saying Fruge first said she shot Wicks after he sexually assaulted her. He also said the identity theft conviction is interesting but ultimately shows "absolutely nothing."
"The bottom line is, there's no evidence to support her (Fruge's) statement," Mottinger said.
Gaede, who came to the courtroom with a file full of papers, sat beside Mottinger and often spoke to him quietly during the hearing.
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When Mottinger finished, McCullough ruled he found probable cause and bound Gaede over for trial. His next court date is Nov. 2; the trial is tentatively set for Dec. 20.
Readers can reach Forum reporter Dave Forster at (701) 241-5538
