Hearing set as man aims to overturn murder conviction

Published 7:08 am Friday, April 30, 2010

An Austin man convicted of murder nine years ago will be appearing in Mower County court in June as he attempts for the fourth time to overturn his conviction.

David Kenneth Christian, 37, who is not expected to be released from state prison in Stillwater until 2027, will now appear June 14 for an evidentiary hearing in his petition for “post-conviction relief.” That date was set Thursday by Mower County judge Donald Rysavy, who also presided over the trial in 2001.

In June of that year, a jury found Christian guilty of second-degree unintentional murder in a case that involved the deaths of two men at the now-closed Downtown Motel a year earlier.

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Two other men — Christian’s brother, Scot, and Vernon Powers — each received life terms in prison for shooting the men during a botched robbery attempt.

David Christian was accused of being present while the robbery was planned and then acting as a getaway driver.

His latest petition to overturn the conviction revolves around an affidavit filed by his 28-year-old half-sister, Janet Hall, last year. Hall testified against him during his trial, but in her latest affidavit she said her testimony was false and that David Christian was not present while the robbery was being planned.

Hall said in her affidavit that she gave false testimony because she felt pressured by local prosecutors and police.

State prosecutor Matthew Frank argued in a response to David Christian’s petition that Hall’s current claims are not credible because she had the opportunity to recant this part of her testimony during trial.

“Through all of this testimony, Ms. Hall clearly demonstrated that she knew she could, and was willing to, tell the jury under oath what parts of her prior statements were false,” Frank wrote. “Yet, after all these denials and explanations, she still repeated during cross examination her testimony that (Christian) was present when the robbery was discussed in the room.”

Nonetheless, David Christian’s attorney, Beau McGraw, plans on presenting Hall as a witness during the June 14 hearing. However, because she is currently incarcerated in Hennepin County on an unrelated matter, the court will have to make arrangements to have her transported to Mower County. The court will also have to do the same with David Christian.

With two convicts headed to the courtroom, judge Rysavy discussed the issue of security at the hearing, and at this time, it appears as if one Mower County deputy will be on hand.

Rysavy also told both attorneys, who participated Thursday via teleconference, that he would request written closing arguments in the case by June 30. The matter would then go under advisement July 1.