A frustrated defense attorney is fighting for access to a key witness in a Wright County murder case in which burned bones and teeth fragments are critical evidence.
In an unusual motion to be heard Friday by a district court judge, attorney Jill Brisbois claims that the county attorney's office has illegally prevented her from talking to a forensic anthropologist who examined the remains.
Brisbois represents Robert Nuttall, 28, of Hutchinson, Minn., who is charged with first-degree murder in the death of Christopher Rossing, 25, of Annandale. Rossing had been missing for nearly two months before the fragmentary remains were found in October at a Hutchinson home and in a nearby cornfield.
In late April, Brisbois met with forensic anthropologist Susan Myster, who helped reassemble the bones and offered opinions on the victim's gender and age to the medical examiner's office. As they talked, a detective from the Wright County Sheriff's Office showed up unexpectedly and told Brisbois she had to stop questioning Myster. He said he was acting on behalf of the county attorney's office, the motion said.
Brisbois' motion asks the judge to dismiss the charges against Nuttall, arguing that she's not being allowed to present a complete defense and has been denied the right to confront a witness guaranteed by U.S. and state constitutions. She also is asking for access to the anthropologist and for financial sanctions against the county attorney's office for its alleged interference.
On Monday, Assistant County Attorney Brian Lutes said he disagrees with Brisbois' motion and will address it in court. He said his office has shared with her Myster's bone-examination report, the PowerPoint she presented to the grand jury and a copy of her testimony. Lutes said his office also allowed Brisbois and her defense team to examine the bones at the medical examiner's office.
"We feel we fully complied with the disclosure obligations under the rules of criminal procedure and rules of professional responsibility," he said.
The first-degree murder indictment against Nuttall was largely based on Myster's opinions. To date, no DNA has been obtained from the bones.
A fight, a disappearance
The bone and teeth fragments were found at Nuttall's home in Hutchinson and in a nearby cornfield. Initially, he was charged with kidnapping. His girlfriend, Gwen Butcher, 33, is charged with aiding an offender.
Rossing was involved in a physical altercation with Nuttall about 1:30 a.m. on Aug. 23 in Howard Lake. They had been drinking at the American Legion and flirting with the same woman, authorities said. Rossing and Nuttall later met at a bar and started to fight.
Rossing then disappeared.
Butcher later told police that she and Nuttal had given Rossing a ride to Howard Lake. Investigators said it appeared efforts had been made to clean the interior of the vehicle.
The bones and other evidence were sent to the Midwest Medical Examiner's Office in Anoka County and the state Bureau of Criminal Apprehension for analysis and identification.
It's standard for defense attorneys to meet with medical examiners and their consultants, and unusual for sheriff's office personnel to participate, Brisbois' motion argues. When Detective Andy Fashant showed up at the April meeting, she assumed it was because he had never seen the assembled remains, she said.
During that meeting, Myster gave a presentation about the bones and expressed a willingness to take questions from Brisbois, but Fashant said she had to stop, the motion said. Brisbois responded that she would not be "baby-sat" by the detective, who said that was his purpose at the meeting.
Sanctions sought
Fashant then called the county attorney's office and said he would terminate the interview if Brisbois continued questioning Myster, the motion said. He stated that he was acting at the direction of the county attorney's office. He also said Brisbois was deposing a witness and conducting an investigation, which she wasn't permitted to do, the motion said.
Brisbois warned him that she would bring motions and seek sanctions that she deemed to be appropriate if Fashant continued to interfere, her motion says. After the meeting, her e-mails and telephone calls to the county attorney's office asking to discuss what happened weren't returned, she said.
Brisbois cited a 2012 state Supreme Court case in which a highly publicized murder conviction was overturned because the prosecution violated the suspect's right to consult with forensic experts. In that case, Dakota County Attorney James Backstrom was reprimanded for his interference with medical examiner personnel, the motion said.
Brisbois' motion claims that the Wright County attorney's office has "intentionally and willfully" prohibited her from interviewing the most crucial witness in the case. Dismissal of the murder charge is the only appropriate remedy, the motion argues.
David Chanen • 612-673-4465
