BISMARCK, ND – A man who was convicted last year of killing his wife in North Dakota is claiming his constitutional right to a fair trial were violated.
In an appeal of his conviction filed with the North Dakota Supreme Court, Samuel Gereszek, the attorney representing Spencer Moen of West Fargo, is questioning the decision by the prosecution to have two minor testify at trial remotely instead of in person.
The briefing says there was no proof offered that would show the children would suffer “serious emotional distress” by appearing in person.
In October of last year, a jury found Moen guilty on the murder count and he was subsequently sentenced to life without parole for that conviction.
The brief says the ‘unconstitutional use of remote testimony deprived Mr. Moen of a fair trial as guaranteed by the United States and North Dakota Constitutions,’ and asks the state’s high court to reverse the conviction and conduct a new trial.
No hearing has been set.
