Kirkpatrick Appeals to Supreme Court

Alyssa Marino | 9/4/2012

The defense team for a man who is serving a life sentence for conspiracy to commit murder and conspiracy to commit burglary appeared in front of the North Dakota Supreme Court this morning to appeal his case. Gene Kirkpatrick was found guilty of the crimes in the murder of his son-in-law, Phillip Guttoso in October 2009.

Kirkpatrick, who is currently serving life in a penitentiary in another state, is appealing some issues of his trial and hoping to get relief of his sentence. His defense council argued his issues for him today which are related to the instructions the jury was given. Kirkpatrick believes the jury was mislead on his charges and his "extreme emotional disturbance" at the time of the trial since prior to appearing in court, his daughter died of medical complications.

Both Kirkpatrick`s defense team and the Fargo State`s Attorney were in court discussing the case.

Guttoso was found bludgeoned to death in his Fargo home. His car and other items belonging to him were stolen.

Now both sides will wait for the Supreme Court to make a decision regarding the argument.

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