Grand jury transcript, unknown evidence sealed during day 1 of Fravel omnibus

Grand jury transcript, unknown evidence sealed during day 1 of Fravel omnibus

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(ABC 6 News) – Winona County Court sealed several records in Adam Fravel’s murder trial at his omnibus hearing March 19.

Fravel faces two charges each of 1st- and 2nd-degree murder in the death of his former partner, Madeline Kingsbury.

At the first of two consecutive omnibus hearings, both the prosecution and defense asked the judge to seal the transcript of the grand jury that decided to charge Fravel with 1st-degree murder late last year.

Grand jury proceedings are not filed publicly, according to Minnesota state statute — however, the defense may generally access a transcript of any hearing.

Fravel’s defense claims that the evidence presented to that jury should not have resulted in a 1st-degree murder charge.

In order to assess that claim, the court will need to review the grand jury transcripts.

As the defense has filed a motion to dismiss the grand jury’s decision to charge Fravel with 1st-degree murder, judge Nancy L. Buytendorp sealed the transcript and prevented the public from seeing any part of it, as it “contain(s) a substantial amount of material facts and information that has not previously been made public,” according to court documents.

“It is unknown what facts and information from the grand jury transcript and exhibits may be
admissible or offered into evidence at trial,” the motion to seal the grand jury transcript continues.

The prosecution and defense had originally planned to save discussion of an aggravated sentencing motion and dismissal of Fravel’s 1st-degree murder charges altogether until a third omnibus hearing April 30.

However, the court will discuss those motions at day two of the omnibus hearing, March 20.

The court will discuss the potential need to hold Fravel’s trial outside of Winona County April 30, according to court records.

Madeline Kingsbury / contributed photo

New motion to suppress Fravel’s statements to law enforcement

Fravel’s defense filed a motion Tuesday, March 19, to prevent the public from viewing or hearing any statement Fravel made to law enforcement March 31-April 2.

In January, the defense 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.

According to the motion filed Tuesday, in order to properly plead their case, the defense will have to enter Fravel’s other conversations with law enforcement into evidence.

Those statements from March 31-April 2 also contain information that has not been used in any public court document, Fravel’s defense claims.

The court heard from Winona police officers Tuesday, who said they did not read Fravel a Miranda warning before speaking to him April 1 and 2.

Fravel’s defense withdrew a separate motion to suppress evidence related to the suspect’s phone data between March 31 and April 2.

Kingsbury’s medical history discussed

The prosecution filed a motion to prevent the defense from soliciting testimony or including evidence at trial about Madeline Kingsbury’s medical history, any possible controlled substance or prescription drug use, or statements made during therapy or counseling.

Judge Buytendorp ruled that the defense may not bring up any possible use of controlled substances, and must notify the prosecution if they intend to speak to witnesses about Kingsbury’s mental health.

The attorneys will discuss use of Kingsbury’s prescription drug use at a later date, according to the March 19 hearing.

Fravel’s omnibus hearing continues at 9 a.m. Wednesday, March 20.