Judge Denies Deserly’s Motion To Dismiss
The motion by Abrianne Lillian Deserly to have her second degree murder case be dismissed has been denied by Chief District Judge Brian Morris of the U.S. District Court.
The indictment alleges that on Feb. 26, 2025, near Wolf Point, the defendant unlawfully and with malice aforethought, that is recklessly with extreme disregard for human life, killed John Doe and aided and abetted the same.
In the defendant’s reply to government’s response to motion to dismiss, the defense for Deserly argues “The government concedes that the boots in question, owned and worn by co-defendant Dillon Wetsit, have been destroyed. However, the government fails to explain how the C-shaped injuries on the face of the decedent do not correspond to the eyelets of Wetsit’s destroyed work boots, as opined by its own coroner.”
In his ruling dated March 13, Morris ruled, “The Court declines to impose a sanction of dismissal having found that the Government’s evidence preservation or collection inadequacies did not rise to the level of a constitutional due process violation. A review of the record suggests that the imposition of a lesser sanction proves appropriate under these circumstances due to the Government inadequate efforts to preserve Wetsit’s boots after having obtained knowledge of their exculpatory value during Wetsit’s interview with law enforcement on Feb. 28, 2025.”
Morris continued, “The Court determines, at this point, that vigorous cross-examination by Deserly provides the appropriate remedy regarding the Government’s failure to collect the cell phone, blood samples and any metal pipes at the scene of Standing’s death. The Court will solicit proposed adverse inference instructions from the parties closer to the time of trial. The proposed instructions should address the loss of Wetsit’s boots. The Court also will solicit proposed instructions regarding the cell phone, blood samples, and lead pipe. The Court remains unpersuaded at this point, however, that the failure to gather these other items warrants such an instruction. The Court remains open to further argument as discovery progresses.”
The new date for a jury trial is scheduled for April 14.
