2023-09-24 13:04:38
BISMARCK — The North Dakota Supreme Court on Tuesday, Sept. 19, heard attorney arguments over whether to uphold or overturn a murder conspiracy conviction in the case of Nikki Entzel, who is serving life in prison for the slaying of her husband in what authorities said was a love triangle plot.
Entzel was convicted in South Central District Court last October on three conspiracy charges — murder, arson, and evidence tampering — in the shooting death of her husband, Chad, in Bismarck around New Year’s 2020. She was sentenced to life in prison with eligibility for parole following 36 years.
Attorney Samuel Gereszek, of Grand Forks, filed an appeal of Entzel’s conviction, citing an “insufficiency of the evidence.”
“It’s more than an insufficiency of the evidence. It’s also kind of a deliberate withholding,” Gereszek told justices on Tuesday.
Attorney Samuel Gereszek speaks in front of the North Dakota Supreme Court in Bismarck on Tuesday, Sept. 19, 2023.
Tom Stromme / The Bismarck Tribune
He pointed to a decision by Burleigh County State’s Attorney Julie Lawyer not to put Entzel’s co-defendant and lover, Earl Howard, on the stand during her trial. Howard might have offered evidence that Entzel knew nothing regarding a plan to kill Chad Entzel, and only aided Howard following he shot Chad Entzel by helping attempt to conceal the crime by starting a fire, Gereszek said.
Howard, who had dual citizenship in the U.S. and Canada and had been living in Belwood, Ontario, pleaded guilty in October 2021 to the three conspiracy charges and also to an arson count. He was sentenced in February 2022 to 50 years in prison with 25 years suspended on the most serious charge, murder conspiracy.
Justice Douglas Barr was the district court judge who heard the criminal case once morest Entzel. He was disqualified from hearing the appeal and was replaced by North Central District Judge Stacy Louser, of Minot. Louser asked Gereszek if co-conspirators are required to testify.
“No,” Gereszek replied.
“So, why would Mr. Howard have to testify in this case?” Louser continued.
Gereszek said without Howard’s testimony, all the prosecution was able to prove was Entzel aided Howard in attempting to conceal evidence of the killing following the fact.
“Mr. Howard was necessary to show that she (Entzel) had knowledge before the fact,” Gereszek said. “What was presented was arguably insurance fraud on Ms. Entzel’s part.”
Gereszek made that statement in reference to a renter’s insurance policy that was taken out shortly before the crime took place. He said there was no life insurance policy for Chad Entzel naming Nikki Entzel as a beneficiary.
Justice Lisa Fair McEvers asked why Entzel’s defense attorney didn’t call Howard to testify during the trial.
“It’s not the defense’s job to prove a case, but if you want to argue regarding why somebody didn’t testify, there’s no reason the defense might not call that person as a witness to testify,” McEvers said.
Justices pressed Gereszek, asking if other acts by Entzel prior to Chad’s death might be used as inferences of Nikki Entzel’s involvement in a conspiracy. Specifically, they pointed to evidence introduced at trial that she disabled the home’s security system, allowing her and Howard to enter while Chad was inside. Other evidence introduced at trial showed she and Howard left their cellphones at a motel so their locations mightn’t later be tracked by law enforcement.
Burleigh County State’s Attorney Julie Lawyer answers questions from North Dakota Supreme Court justices Tuesday, Sept. 19, 2023.
Tom Stromme / The Bismarck Tribune
In her responding argument, Lawyer told justices the prosecution’s decision not to call Howard during the trial was made partly because a person can’t be forced to testify. She also said the totality of evidence, including Entzel’s actions prior to the shooting coupled with statements she made to investigators followingward, are sufficient to uphold the conviction.
“There’s plenty of evidence to show that she conspired,” Lawyer said.
A shotgun formerly kept in the bedroom where Chad Entzel was sleeping had been moved to a spot where Howard might access it without being detected, according to the prosecutor.
“The ammunition for that gun was found in the entryway closet,” Lawyer said. “She (Nikki Entzel) was the one who showed him (Howard) where that ammunition was located.”
Howard initially was charged with murder, but prosecutors dropped the charge, saying an evaluation of the gun didn’t conclude who pulled the trigger.
Lawyer also said Entzel told investigators a heater used to start the fire following the shooting was purposely brought into the house from a garage. Lawyer’s position at trial and before the justices on Tuesday remained consistent — that Nikki Entzel played an active role in facilitating the murder of her husband at the hands of Earl Howard and that Entzel also played an active role in attempts to conceal the crime.
Chief Justice Jon Jensen said the court will take the matter under advisement and rule later.
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