A hearing was held on Dec. 1 with Kurts’ defense team filing to dismiss the case. Kurts currently faces four charges including Conspiracy to Commit Felony, Threats of Violence, Terroristic Threats, and Conspiracy to Commit Theft. At the hearing, a Rice County Judge ruled on motions from each party regarding the validity of evidence or charges brought forth by the other party.
Kurts’ defense team filed a motion in response to the state’s evidence, making this a contested omnibus hearing, differing from a non-contested omnibus hearing in which both parties agree to the evidence brought forth. The defense proposed to dismiss the charge of probable cause and filed additional evidence. This included affidavits from potential conspirators and the results of a polygraph test.
However, the affidavits were dismissed by the court due to being submitted in an untimely manner for the state to thoroughly assess them. The polygraph test results were objected to as Minnesota historically has not accepted these results in court because of concerns about their validity.
The court has denied the defense’s motion of a provisional not guilty plea. Kurts’ defense will file a memorandum, a written argument, contending to dismiss the case entirely. The state is to respond by Jan. 19. The court is expected to make a decision by late January. Currently, no future hearing has been scheduled. The Olaf Messenger will continue to follow the case.