North Dakota Man's Murder Conviction Overturned, Faces Deportation
Werner Kunkel, who spent over 30 years in prison, is now in federal custody after his conviction was vacated.
A North Dakota man, Werner Kunkel, who spent more than three decades in prison for a murder conviction that has since been overturned, is now in federal custody facing potential deportation to his native Germany.
A state court vacated Kunkel's 1995 murder conviction in February, ordering a new trial. Kunkel, now 65, was originally sentenced to life in prison for the 1986 murder of Gilbert Fassett, who sustained over 100 stab wounds.
Attorneys for the Great North Innocence Project argued that prosecutors had failed to disclose evidence that could support Kunkel's innocence. Following the overturned conviction, Kunkel was released from state prison but was taken into federal custody by Immigration and Customs Enforcement (ICE) agents. The Department of Homeland Security stated that Kunkel has multiple prior convictions, including forgery and assault on a peace officer, which form the basis of the deportation proceedings.
Kunkel, who was brought to the U.S. from Germany at age 7, never became a U.S. citizen. He does not speak German and has no ties to the country. ICE first sought a removal order against him in 1999, but deportation proceedings have been complicated by the ongoing legal battles over his murder conviction.
Kunkel's lawyer, Dane DeKrey, contends that the government is using old charges to pursue deportation after years of inaction, suggesting that ICE previously did not consider these convictions serious enough to warrant removal. "The government knew about [these convictions] for years and years and years, and never once thought that they were so serious that Werner should be deported," DeKrey told ABC News.
Meanwhile, state prosecutors are attempting to reinstate Kunkel's conviction. North Dakota's Attorney General Drew Wrigley stated that "other evidence of his guilt is overwhelming," including witness accounts of Kunkel's alleged confession. The state's Supreme Court is expected to rule on whether the conviction should be reinstated. If it is, Kunkel would likely return to prison in North Dakota. If the court rules in his favor, he would await a new trial, potentially in North Dakota.
A federal immigration judge is also expected to rule within the month on whether Kunkel can be deported to Germany. The rulings in both the state and federal courts will determine Kunkel's future.