Judge grants motion to move trial in Madeline Kingsbury case


Jun. 12—WINONA, Minn. — A Winona County District Court judge granted a change of venue request in the Madeline Kingsbury murder trial.

Adam Fravel, 30, is accused of killing Kingsbury, a Winona mother of two. His trial will be moved outside of Winona County, Nancy L. Buytendorp ordered in a written ruling on Wednesday, June 12, 2024.

Zachary Bauer, an attorney representing Fravel, argued in writing and at a hearing on April 30 that impaneling an impartial jury in Winona would not be possible due to pretrial publicity and widely publicized searches for Kingsbury after she went missing.

“It is evident to this court that a fair trial cannot be ensured within this county,” Buytendorp wrote in the ruling.

The ruling did not identify where the trial will take place.

Winona County District Court will work with Minnesota court administration to determine a suitable place to try the case, Buytendorp wrote.

In addition to granting the change of venue, Buytendorp denied a request to dismiss the premeditated first-degree murder charge submitted by a Winona County grand jury in October 2023. Kingsbury was reported missing on March 31, 2023. Her body was found north of Mabel, Minnesota June 7, 2023.

Fravel’s attorney argued the grand jury heard evidence and testimony that might not be admissible in the upcoming trial.

Buytendorp noted the state has a lower burden of proof for bringing charges than it has for bringing about a conviction in court.

“(T)he fact that grand jurors may hear evidence that would be inadmissible at trial is not sufficient to dismiss an indictment if there is sufficient admissible evidence to establish probable cause,” Buytentrop wrote.

Buytendorp also granted a request by prosecutors to give jurors in the case aggravated departure instruction on charges against Fravel based on the fact that Kingsbury’s body was deliberately hidden.

Fravel’s attorney also asked that statements he made to law enforcement be suppressed because they were obtained illegally before he had been properly read his rights.

Buytendorp disagreed, writing that Fravel’s statements were offered voluntarily and while he was not under arrest.

“(Fravel) willingly consented to meet the officers and drove his own vehicle to the station,” she wrote. “(He) maintained his innocence regarding knowledge of Ms. Kingsbury’s whereabouts, and it is worth highlighting that the two plainclothes officers conducting the interview did not employ firearms throughout the encounter.”

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