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He’s going to have to wait. Though he’s been charged with two counts each of aiding and abetting first- and second-degree murder, he’s yet to be indicted by a grand jury, a legal requirement in order for him to be convicted of the serious felony charges.
A grand jury has been convened, but it has yet to issue an indictment and Winona County Attorney Chuck MacLean said it could possibly take weeks before it concludes.
Senenfelder died of multiple stab wounds in her home on
June 6, 1985. A police complaint alleges Nissalke killed the mother of four to keep her from testifying against an associate of his.
The investigation grew cold over the years, but the case was re-opened in 2006 by the Minnesota Bureau of Criminal Apprehension’s Cold Case Unit, which offered a $50,000 reward for any useful information about the case. DNA evidence found at the scene of the murder was recently re-examined with more modern techniques, and authorities say Nissalke cannot be excluded from being a contributor of that DNA.
Daniel Koewler, representing Nissalke in place of his usual attorney, Charles Ramsey, told Judge Terrance Walters on Thursday that his office still had not received any physical evidence from the Winona County Attorney’s office.
“If there is something available, we’d like to see it,” Koewler said.
Because the grand jury is still in session, none of that evidence can be turned over to the defense, said Winona County Attorney Chuck MacLean. Walters agreed, but asked MacLean when the grand jury was likely to decide whether or not it will reach an indictment.
“It will continue for a number of days, possibly weeks,” MacLean said.
Koewler also asked for a speedy trial for his client and for the murder charge to be combined with the assault charge. To do so, Koewler asked that Walters preside over both cases, taking the assault case, which is currently being heard by Judge Mary Leahy.
Walters said he would discuss the issue with Leahy, but that he had no problem doing so if she agreed.
Nissalke is currently in the Winona County Jail with bail set at $5 million.
Nissalke’s attorney and family maintain authorities have the wrong man and say police are pressuring him for information he doesn’t have.
grammajewel wrote on Jun 29, 2008 10:06 AM: