Fravel’s defense submits motions to dismiss 1st-degree murder charge, exclude testimony, change venue

Motion to dismiss

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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.

RELATED: Prosecution to seek aggravated sentence, attempt to add evidence of abuse to court proceedings in Fravel case – ABC 6 News – kaaltv.com

Fravel’s defense 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.