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Published February 19 2010

Judge to review Gaede request for new trial

Attorneys will have three weeks to submit briefs that will summarize arguments in a convicted murderer’s attempts to get a new trial.

Dennis James Gaede was convicted in Cass County District Court in 2006 in the December 2001 death of his friend, Timothy Wicks. The former Gardner, N.D., man was accused of butchering Wicks’ body after stealing his identity.

Gaede testified last May that he thinks his lawyer, Steve Mottinger of Fargo, made mistakes in the trial and should have let him testify.

That hearing continued on Thursday, as Mottinger and the attorney who represented Gaede in an earlier appeal – William Kirschner of Fargo – refuted Gaede’s claims, said Mark Boening, assistant Cass County state’s attorney.

Gaede is asking Judge Steven McCullough to toss out his conviction or grant him a new murder trial.

Boening said McCullough will make a ruling after the briefs are submitted, after which the case will likely be appealed to the North Dakota Supreme Court.