Kingsbury family speaks at Fravel hearing: ‘It drums everything up from a year ago’
(ABC 6 News) – The family of Madeline Kingsbury addressed the media outside the Winona County Courthouse, saying despite progress in the high-profile murder case, things were emotionally fraught as they near the one-year anniversary of the Winona mother’s death.
“It’s going to be tough no matter where we’re at,” Cathy Kingsbury said.
Another family member said the court hearings March 19 and 20 “drums everything up from a year ago.”
The Kingsburys attended the second day of Adam Taylor Fravel’s omnibus hearing, during which the prosecution and defense attempted to ensure that Fravel’s 1st-degree murder trial was as fair and unprejudiced as possible.
“The journey of a thousand leagues begins with a single step,” David Kingsbury said. “We’ve had a few baby steps, this is just another one … and we’re getting somewhere.”
At the previous day’s hearing, Judge Nancy L. Buytendorp sealed the transcript of the grand jury hearing that ended in a decision to charge Fravel with 1st-degree murder.
According to the hearing, the grand jury heard evidence that has not been presented to the public. Both the defense and prosecution feared that allowing that evidence to circulate would prejudice the general public or result in misinformation.
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, using the same argument.
“The defense is highly concerned about it becoming public,” attorney Zach Bauer, representing Fravel, said.
Bauer said if video of Fravel speaking to law enforcement became public, it could be clipped or spliced misleadingly.
Buytendorp granted the motion March 20.
“In the case of pretrial proceedings, publicity has a far greater potential for prejudicing defendants than it does at the time of trial,” the restriction order reads. “This is because safeguards which can be applied at the trial stage, such as sequestration of witnesses and jurors, have no counterpart at the pretrial stage of a criminal proceeding.”
Addressing aggravated departure, 1st-degree murder charges
The prosecution and defense addressed the state’s motion to seek an aggravated, or comparatively harsh sentence, and the defense’s challenge to Fravel’s 1st-degree murder charges.
Buytendorp did not make a decision on either point on March 20.
Bauer argued that the state originally filed the aggravated sentencing motion in November based on two factors: the prosecution’s belief that Kingsbury was “treated with particular cruelty for which the offender should be held responsible,” and the fact that law enforcement believes the alleged murder happened in Kingsbury’s home.
If the murder occurred in Kingsbury’s bedroom, she would have had an expectation of privacy in that space – an aggravating factor, according to court documents.
However, the state has stopped pursuing the privacy angle, Bauer said.
The prosecution said they are indeed focusing on the “particular cruelty” angle to push for an aggravated sentence, and will rely on the grand jury transcript and exhibits.
Fravel’s defense claims that the evidence presented to the grand 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 – which did not happen March 20.
“We cannot have much of a conversation with the restrictive order in place,” Bauer told members of the media following the hearing. “We’ll be back on April 30th for the change of venue.”
Family members of Fravel were also present and declined to speak to the media.
What comes next?
April 26 – defense deadline to file motions to suppress evidence (keep it out of trial)
April 30 – next omnibus hearing for Adam Fravel, where the court will discuss the potential need to hold the trial outside of Winona County
May 17 – state deadline to file motions to suppress evidence (keep it out of trial)
May 20 – Judge Buytendorp takes all motions under advisement
Sept/Oct – Court eyeing fall 2024 trial date for Kingsbury murder case – ABC 6 News – kaaltv.com