BISMARCK, ND – The appeal hearing for a West Fargo man serving a life sentence after a jury convicted him of murdering his wife in 2023 has been set.
The North Dakota Supreme Court will hear Spencer Moen’s appeal on September 16 at 1:30 p.m. in the high court’s chambers in Bismarck.
In Moen’s brief, submitted by his attorney, Samuel Gereszek, he asks the state’s highest court to determine whether or not the East Central District Court ‘violated the Appellant’s Sixth Amendment right to confront witnesses.”
The court allowed two minor witnesses to appear and testify remotely via Zoom. Moen, through his attorney, contends that this happened without a finding that the children ‘would suffer serious emotional distress or any other necessity’ for the remote testimony.
He said the ‘unconstitutional use of remote testimony’ deprived Moen of a ‘fair trial’ as guaranteed by both the U.S. and North Dakota Constitutions.
In a brief filed by the State, attorneys say the remote testimony ‘was necessary to protect the children from further emotional harm.’
“The district court did not violate Moen’s Sixth Amendment right to confront witnesses by allowing the children to testify in another location.’
The state is asking the Supreme Court to affirm the judgement from the East Central District Court.
Moen’s attorney will have 30 minutes to argue their case and the State will have 20 minutes to argue their case.
The five-member court will then take the case under advisement and issue their ruling.
