A Manvel, N.D., man convicted of the 2010 slaying of his brother believes he deserves to have his case reopened, but will first need to present new evidence, a judge ruled Thursday.
Rodney Ray Chisholm, 51, was back in Grand Forks District Court Thursday for motion hearings in his murder case.
Chisholm filed a motion to correct the record in June. He also filed requests for discovery, or the full legal record in his case, in April and August, to attempt to work on an appeal. The State’s Attorney’s Office filed a motion to quash the request in August.
At his hearing before Judge Donald Hager Thursday, he claimed the jury in his 2011 trial was not given proper instructions.
“There was an interview done with the trial judge a year after the trial was adjourned that brought up some legitimate concerns,” said Kiara Kraus-Parr, a defense attorney appointed to Chisholm.
But Kraus-Parr said a private investigator would need to be hired to look into such matters, to see if new evidence is available.
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Assistant State’s Attorney Haley Wamstad said the state does not wish to continue the case until new evidence is brought forth.
Judge Hager asked Chisholm if he would agree to withdraw his motion for discovery until such a time, and Chisholm agreed.
“I’ll withdraw today with the reservation that if things don’t move forward with the new evidence that I will revisit those motions,” Chisholm said.
His motion to correct the record in his case remains open, a move largely done so Chisholm can continue being represented by Kraus-Parr to go through the process of attempting to bring forth new evidence.
Last December, the North Dakota Supreme Court denied Chisholm’s appeal in the case, when his defense tried to argue for a lesser conviction such as manslaughter.
Chisholm admitted to investigators that in June 2010 he hit his older brother, Donald Chisholm, with a metal pipe, tightened a hose clamp around his brother's neck and then buried him, though he contended at his 2011 trial he did it out of self-defense.
A Grand Forks County jury found him guilty of murder in 2011. He was sentenced to 30 years in prison.
A year ago Thursday, the North Dakota Supreme Court denied Chisholm’s appeal in the case, when his defense tried to argue for a lesser conviction such as manslaughter.
