Minnesota Court of Appeals affirms suspect in Willmar cold case homicide incompetent to aid in defense

WILLMAR

— The Minnesota Courtroom of Appeals has dominated that Algene Leeland Vossen is incompetent to face trial on a homicide cost.

Vossen, 80, is charged with second-degree homicide within the dying of Mabel “Mae” Agnes Boyer Herman, 73, in Willmar in January 1974. She was discovered deceased on Jan. 27, 1974, on the ground of the lounge of her residence.

Vossen was arrested in July 2020 in Sioux Falls, South Dakota, after DNA linked him to Herman’s stabbing dying, which had gone unsolved for greater than 40 years.

Vossen was discovered incompetent for trial in November 2021 by Kandiyohi County District Courtroom Choose Stephen J. Wentzell as a result of Vossen wouldn’t have been in a position to take part in his protection.

A competency examination had been ordered after protection lawyer Kent Marshall of Barrett had informed the court docket he believed Vossen had dementia and couldn’t adequately take part in trial preparation.

Kandiyohi County Lawyer Shane Baker appealed the ruling, saying that Vossen might have cognitive impairments however would nonetheless have the option “to rationally seek the advice of with counsel” and face a trial.

The Courtroom of Appeals, in

an opinion filed Monday

, disagreed.

Wentzell’s ruling was thorough and detailed in his examination of knowledgeable testimony about Vossen’s cognitive talents, the appeals court docket stated. Three completely different professionals had evaluated Vossen.

“There may be enough file proof from all three consultants that Vossen has vital short-term memory-impairment points barring him from rationally consulting with counsel,” based on the appeals court docket opinion.

A prison case should be placed on maintain if a defendant will not be competent, the court docket stated.

The court docket listed among the outcomes of Vossen’s examinations. He was unable to establish the month or the day of the week, and he couldn’t say when his spouse had died, based on the opinion. He was unable to say when he was charged with homicide or when he moved to his most up-to-date residence.

Protection lawyer Marshall stated he thought the court docket’s ruling on Vossen’s competence was to be anticipated given Wentzell’s preliminary ruling.

Baker stated in an e-mail he intends to ask the Minnesota Supreme Courtroom to evaluation the choice.

He has 30 days to file the petition, and the Supreme Courtroom can select whether or not it can hear an enchantment. That call may come inside about six weeks, he stated.

“In the meantime, now we have an 80-year-old man who’s affected by dementia, and we’d like to bear in mind he’s presumed to be harmless,” Marshall stated. “We have to take into account his geriatric wants.”

Two households are ready for the outcomes of the proceedings, he stated — one wanting closure and justice, and one believing their liked one is harmless.

In June 2020, the Willmar Police Division arrange a short lived chilly case crew that reviewed a number of unsolved crimes, together with the Herman murder.

The crew checked out a number of suspects from that point, together with Vossen. Proof in opposition to him had been inconclusive on the time.

The crew recognized proof that could possibly be used for DNA evaluation.

The Minnesota Bureau of Prison Apprehension analyzed the proof and located DNA of an obvious suspect. Different suspects within the case have been dominated out, however Vossen’s DNA was not obtainable for comparability.

The division discovered that Vossen lived in Sioux Falls, South Dakota, and obtained a search warrant for his DNA, with help from South Dakota regulation enforcement authorities.

In July 2020, the BCA crime lab stated Vossen’s DNA was a match to the proof discovered on the Herman crime scene.

Lower than per week later, officers from Willmar and South Dakota arrested Vossen at his residence.

Vossen was extradited to Minnesota and booked into the Kandiyohi County Jail in September 2020. He was launched on a medical furlough and has lived with a niece in Iowa since late 2020.