Muggli trial set for Jan. 14

Muggli remains in the county jail after bail was set at $1 million cash following a July 30 grand jury indictment on first-degree premeditated and second-degree intentional murder charges in the death of his wife, Linda Muggli.

Carl 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.

A change of venue motion for the trial filed by Hawkins was not opposed by the prosecution. LeDuc said he was working on the logistics of where the trial would be held. The jury selection and trial could take 2 1/2 to three weeks, estimated the attorneys, with LeDuc noting that the time needed for jury selection “is the big unknown.”

Plesha asked that the court consider a location that would accommodate an exhibit planned for the trial, which LeDuc noted measures 17 to 18 feet by about 19 inches in diameter.

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.

Plesha had sought a trial date be set for Oct. 29 or Nov. 26, while Hawkins suggested a date in January; LeDuc said determining the logistics of the location would make it unlikely that the trial could begin until after January.

LeDuc acknowledged that motions had been made by Hawkins that would pertain to whether the case reached trial, but said the court needed to plan ahead should the case move to trial.

Among those motions are Hawkins’ earlier motion to suppress certain statements made by Muggli in Texas and a motion to dismiss the indictments.

Plesha asked for a memorandum on the motion to suppress so LeDuc could make a ruling. Hawkins agreed, adding that he would also address in the memorandum his motion to dismiss the indictments.

Hawkins noted that he would develop a chronology of the prosecution’s actions in defense of his motion to dismiss the indictments. Hawkins said there was a lack of notification to the defense about the grand jury being empaneled and the defense was not given the opportunity to present to the grand jury.

Plesha said defense approval to take the case to the grand jury was not needed.

The chronology is to be completed Oct. 9 and the defense given until Oct. 30 to respond.

Hawkins asked that the transcript of the grand jury proceedings be made part of the record and sealed, which LeDuc granted.

The court record Thursday was corrected to indicate that Linda Muggli’s sister, Susan Nickelson, and her husband Maynard, have attended court hearings in the case in an effort to stay informed of the proceedings. In a July 30 hearing, Hawkins indicated the Nickelsons had been in court in support of Carl Muggli. Hawkins said his statement was made based on information he had been provided.

LeDuc said he would rule on Hawkins’ earlier request that conditions of release that were set June 24, 2011, be continued. 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.

LeDuc granted a motion by Plesha that all motions regarding the case be filed by Dec. 14.