Bail remains at $1 million cash for Carl Muggli, indicted last week by a grand jury in Koochiching County on first-degree premeditated and second-degree intentional murder charges in the death of his wife, Linda Muggli.
Carl Muggli appeared in court Tuesday when District Court Judge Charles LeDuc set an omnibus hearing for Sept. 13 and 14. The main purpose of the hearing is to determine the admissibility of evidence, including testimony and evidence seized at the time of arrest.
Muggli, 50, was arrested June 7, 2011, and charged with intentional second-degree murder in the Nov. 26, 2010 death of his wife, Linda, 61, who died of head trauma. Only a grand jury has the ability to indict on first-degree premeditated homicide because it carries with it the possibility of life in prison without release.
Muggli is accused of using a totem pole the couple was constructing at their Ray-area home in Linda’s death, according to court documents.
Muggli’s attorney Charles Hawkins told the court Tuesday that he would file a motion to quash or dismiss the grand jury indictment based on a rule that requires a grand jury presentation within 14 days of a defendents’ first appearance, when he was originally charged through complaint with second-degree murder.
County Attorney Naglosky was assisted Tuesday by Assistant Minnesota Attorney General Eric Schieferdecker. Schieferdecker argued that the 14-day rule was followed because the prosecution notified the court that it planned to bring the case to a grand jury, which was enpaneled less than 14 days later. He said he would provide case law that is opposite to Hawkins’ contention that the 14-day rule was not followed.
Hawkins also argued Tuesday that $1 million cash bail was excessive and asked LeDuc to continue conditions of release that were set June 24, 2011. Under that agreement Muggli was allowed to pledge a property bond for a parcel of Ray property he sold and an additional unsecured appearance bond of $500,000. He was released to the custody of his sister, Helen Wallander, of International Falls, and must wear a GPS monitor. LeDuc later agreed to allow Muggli to leave Koochiching County to work in the Kabetogama area.
Hawkins argued that, other than the grand jury indictment on first-degree murder, nothing else had changed.
Hawkins said Muggli had complied with all the court’s request and had even served jail time when the GPS equipment failed. Hawkins said Muggli has “tremendous support in the community,” is supported by Linda Muggli’s sister and her husband, who appeared in court Tuesday, and said Wallander has been in court each time Muggli has appeared.
After the indictment last week, prosecuting attorneys, county Attorney Jeff Naglosky and Assistant Minnesota Attorney General Robert Plesha asked for $2 million cash bail.
LeDuc said he would not now change the release conditions, but would consider Hawkins’ request and look at what he “feels is appropriate to ensure the trial goes forward and the safety of the public.”
He said the difference in maximum penalties of the two charges underscores the difference between them.
Following the indictment, LeDuc told Muggli that the first-degree murder charge carries a maximum penalty of life without the possibility of release. The second-degree murder charge carries the maximum penalty of no more than 40 years in prison. On Tuesday, he said, under Department of Corrections guidelines, someone convicted on a second-degree murder charge could be eligible for parole after 17 years.
On Tuesday Schieferdecker said that Muggli attempted to influence a grand jury witness by discussing the process with him. Schieferdecker asked the judge to order that Muggli have no contact with the grand jury witnesses.
In addition, Schieferdecker asked the court to set bail at $2 million cash with additional conditions.
On Tuesday, LeDuc discussed the possibility of moving the trial venue to the western part of the judicial district, possibly Bemidji.
Hawkins said he believed the idea of a change in trial venue had been agreed upon in earlier discussions in the judge’s chamber, but said he would file a motion formally seeking a new venue.
LeDuc said he’s concerned about issues relating to the jury selection process in a small community.
LeDuc told attorneys Tuesday that he wanted the “case moving now. We’ve been at it for some months.”
He said he would rule on the conditions of release quickly and the attorneys said they would prepare for the judge’s review information about Hawkins’ planned motion for quashing or dismissing the indictment under the 14-day rule.
Carl and Linda Muggli, married 24 years, were apparently carving a totem pole on their 20-acre property near Ray when she was injured by the totem pole. She was taken to the International Falls hospital where she was pronounced dead, according to the complaint.
The complaint against Muggli alleges that after Linda’s death, he gave several different explanations to law officials and others of what happened the day she died.
Court documents also show that the investigation into Linda’s death deepened after a “concerned citizen” pointed to entries made on a Facebook account which appeared to be “very intimate in nature.”
A search warrant obtained computer equipment from the Muggli residence and revealed conversations between Muggli and a person with whom it appears he was having a romantic relationship.
