Hearing pushed back in Gattuso case

A hearing initially set to be held Thursday for the Oklahoma man accused of putting out a murder hit on his former son-in-law was pushed back to March 18.

Prosecutors and the attorneys for Gene Carl Kirkpatrick, the 63-year-old accused of paying $3,000 to have Fargo dentist Philip Gattuso killed, agreed to the delay. The postponement gives both sides time to prepare for a contested preliminary hearing.

A preliminary hearing forces the state to establish that it has probable cause to support its charges. In most Cass County cases, it is considered a formality and waived by defendants.

Kirkpatrick, of Jones, Okla., is charged with conspiracy to commit murder in the death of Gattuso, who was beaten to death on Oct. 26 and found in his south Fargo condo.

Irven Box, an Oklahoma City attorney representing Kirkpatrick, said his client is challenging the probable cause hearing to get a better sense of the case against him.

“We want to say, ‘What do you have? What evidence do you have?’” Box said.

Police and forensic scientists are expected to testify at the hearing, and defense attorneys will get a chance to cross-examine the witnesses. That can be more telling that just reading the reports, Box said.

Mark Boening, an assistant Cass County state’s attorney, said he suspects the defense is contesting the hearing because of the serious nature of the case and its sheer size.

“This case has generated more documents than I’ve ever seen,” Boening said.

An order from Judge Steven Marquart filed in Cass County District Court on Tuesday estimates that the hearing will take at least half a day. The order also states no more delays will be granted for the preliminary hearing. It was previously put off in December.

Kirkpatrick posted bail on Feb. 11 to get out of jail, providing a cashier’s check for $1 million to secure his release. Box said he couldn’t disclose where his client got the cash, but he said that Kirkpatrick being out of jail and back home in Oklahoma will ease the preparation for his case.

“It’s a lot easier to defend him when we can visit him every day,” he said.

Box said Kirkpatrick will appear at the hearing on March 18.

Police think Kirkpatrick paid his former handyman, Michael Allen Nakvinda, to kill Gattuso in order to get custody of Gattuso’s 3-year-old daughter. The dentist fathered the girl with Valerie Gattuso, the daughter of Kirkpatrick who died last March.

Nakvinda is also charged in Cass County in connection with Gattuso’s death, for murder, robbery, burglary and theft. His next court date is scheduled for March 10.

Dave Roepke is a writer for The Forum, which is owned by Forum Communications Co.

Tags: news, crime, gattuso, hearing, kirkpatrick, murder