June 19, 2021

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Beyond law

2 accused in Bismarck killing search for to suppress evidence | Regional information for Bismarck-Mandan, North Dakota

Lawyers for two people accused in the demise of a Bismarck person last 12 months have questioned a choose to suppress particular proof they say was gathered illegally, and a lawyer for a single of the suspects has submitted a movement that the two be tried using individually.

Nikkisue Entzel, 40, and Earl Howard, 42, had been arrested in January 2020 in connection with the dying of Chad Entzel, 42. His entire body was discovered Jan. 2, 2020, just after crisis personnel responded to a simply call of a dwelling hearth in northeast Bismarck. An autopsy confirmed he died of gunshot wounds.

The two suspects are accused of plotting Chad Entzel’s demise in an clear enjoy triangle and with designs to cash in on a existence insurance policies plan, according to before testimony from a Burleigh County deputy sheriff. Nikkisue Entzel, of Bismarck, faces murder conspiracy, arson conspiracy and evidence tampering conspiracy costs. Howard, of Bellwood, Ontario, is charged with murder, arson and three conspiracy counts. Both pleaded not guilty in February 2020. Their trial is scheduled to get started May possibly 17.

Howard’s attorney, Philip Becher, and Nikkisue Entzel’s legal professional, Justin Balzer, argued in court docket Monday that specific cellphone and video surveillance proof was collected with no lookup warrants or with warrants that weren’t properly supported by legislation enforcement affidavits.

Entzel gave her cellphone to investigators but it should really have been returned to her when she asked for it, Balzer claimed. She gave consent to sheriff’s deputies to view an app that gave entry to video clip surveillance of the dwelling, but she did not give authorization to search the phone alone, Balzer argued.