Judge denies motion to dismiss 3rd count of 1st-degree murder
Published 10:15 am Thursday, April 29, 2010
Gulbertson: Two others killed Morrow
Trial: Where are the bloody clothes?
Officers testify to additional domestic disturbances
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Officers visited trailer 3 times, but no arrest made
Freeborn County District Court Judge John A. Chesterman on Wednesday denied a motion made by the lawyers of Chad Jamie Gulbertson to dismiss their client’s third count of first-degree murder while committing a burglary.
Lawyer Kevin Riha said he did not think there had been evidence presented by the prosecution to support this crime. He noted that burglary is described as entering a building without consent with the intent to commit a crime.
Assistant Minnesota Attorney General Bill Klumpp, who is the lead prosecutor in the case, said there has been no evidence that Gulbertson’s entry into the trailer was consensual.
Klumpp said according to Sandra Nash’s testimony, Gulbertson told her he was going to sneak over to Morrow’s trailer and use a key Morrow didn’t know about to get in. He told her he wanted to get some of his jewelry-making belongings.
Klumpp also noted that authorities believe that Gulbertson saw headlights from the automobile of Daniel Thorpe’s boss around midnight the morning of June 21, 2009, when he was coming into the trailer park through a back exit and that is why Gulbertson headed back out of the trailer park into the field before later coming back in after the automobile was gone.
Gulbertson faces five counts of murder in Morrow’s death. Those counts include the following:
One count of first-degree murder involving premeditation.
One count of first-degree murder while committing domestic abuse.
One count of first-degree murder while committing a burglary.
One count of second-degree murder intentional.
One count of second-degree murder while restrained by an order for protection.
Morrow was found dead in her trailer at 730 Larimore Circle in Albert Lea June 21, 2009.
Up until Wednesday, Gulbertson had stood by a story that he had killed Morrow after she tried to attack him first. On Wednesday, he alleged that two others actually did the act, while he witnessed it.