FARGO (KFGO) – An attorney representing Werner Kunkel, 65, is criticizing Immigration and Customs Enforcement’s decision to take Kunkel into custody one day after a judge agreed to release him from jail because his murder conviction from 1996 was overturned.
Dane DeKrey says the order from ICE stating Kunkel is not in the country legally has been in place since 1996 when he was convicted for murder. DeKrey says the timing of the decision by ICE is not a coincidence.
“So at any point in time, the U.S. government, had they actually cared, could have come to the prison he was at and deported him back to Germany. Once we moved him from the JRC in Jamestown to Devils Lake, Immigration could have come into the jail and grabbed him. The only reason they got involved is because they saw that we were actually going to let him have the humanity, the decency, of going back home to Devils Lake. To live with his mother, who he hasn’t seen in 30 years, who is on her death bed, with strict conditions.” DeKrey said.
DeKrey says the conditions of Kunkel’s release would have mandated he wear an ankle monitor and not leave the state while waiting for a new trial. DeKrey adds that ICE usually only gets involved when there is concern the suspect would flee and not answer to their crimes, which is not the case with Kunkel. DeKrey says it was plainly stated Kunkel would go back to Devils Lake to be with his mother.
The Immigration case will now be heard before a Judge in St. Paul.
“We are trying to fight back and say those crimes that they are trying to use are over 35 years old, Werner is not the same person, and therefore they should make an exception and let him stay.” DeKrey said.
DeKrey says they’ll make the same arguments in St. Paul that were made to North Dakota District Judge Daniel Narum, and point to Narum’s ruling.
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