BILL KENNELLY INTERVIEW:
Bill Kennelly was Scott Faul's defense attorney. He's now dead.
REEL 18
22:00
BACK IN THE LATE SEVENTIES, I was involved with the DRAFTin of THE ND CHARTER ON GAMBLING...and I spent a lot of time out in Bismarck which is my home area. At the same time on one of my trips out there, I met with some race horse owners...at some meeting, he (GK) made a presentation...he made a very reasonable pitch for whatever his presentation was...very well thought out...24/04...
24:15 TALKS ABOUT HIS BACKGROUND.
26/05...doctors found a brain tumor, then I didn't die. I always thought I wanted to go to law school...
27:00 I find it hard to find an inspiration in law...many times I felt I was being taken advantage of...I don't have any heroes, I think the legal profession has a lot of problems.
KENNELLY#18/22
28:15...The day of the incident in medina it made the news... the tv and news was full of it. The second morning after the shooting when Faul turned himself in...he turned himself in in Harvey thru his attny, Ted Siebold...28/48... they immediately brought him down to Fargo... Scott wasn't talking to anybody...29/00... they didn't know if he could afford an attorney... Judge Bensen was recommending that I represent scott. ...29/25...I went down and met with Scott and he wasn't very anxious to talk with me, just walking off the street...29/37...
The US Attny was convinced he knew where GK went. Because they had left the scene together, when they had split up they were convinced that Scott would know where he was...30/00... they tried to get me to find out where GK had gone... I had only met my client for two minutes and I was hustled out and asked to find out....30/23 ***
Scott and I got to know each other and his attny Ted told him I was alright. ...30:45
the court discovered that scott had assets and I was let go and Scott asked me to represent him. And at that time I was relatively knew to the legal profession and I had never specialized in criminal law...31/15...and so I ...
END OF THIS TAPE
BILL KENNELLY INTERVIEW:
REEL 20
00:45 You can't fight the system, you don't fight city hall...the IRS has a reputation to protect...if you release this around tax time expect an audit. ...1/11...
2:00...I think part of that had to do with prosecution Overkill...you will find very few in the country that in a career have had a chance to prosecute a case of this magnitude...
KEN20
2:35 The media was very fair... they gave us a couple of minutes every night and they gave the prosecution 10 or 15 minutes to explain who had done what that day...that was a little facetious you understand...it's fair to say that very few prosecutors have had a chance to prosecute a case like this...2/57...and I think, I think they just got to overkill.
KEN20
3:15 the only evidence against Joan was she was married to Gordon. and she went for a ride with him to a meeting and yet she was jailed, large bond, had to go thru the entire trial...she had to be one of them...
the wives and families of Yori and Scott...3/50...
4:20
(blow by blow description of that day)
4/28...I think what happened is they left the meeting, they got in their cars and they headed home from meeting... they only got half a mile out of town...Chesire was behind em...4/49...he was waiting in town. He called Muir and the city policeman, the young kid in from the north. Muir had Wigglesworth with him. and they came over the hill and stopped at the top of the hill...5/10...and when Gordon's car was leading and Broerer was driving the car behind him, at any rate they saw the two cars at the top of the hill. And, so they turned into the trailerhouse, into the driveway, and as they did, Chesire and the county deputy, the one that had his finger shot off, pulled up behind em, they all got out of their cars...5/45...
KEN20
...5:50 ***We did not find any evidence, and I don't believe that it was controverted, that not one of the police officers was identified. no uniforms. I take that back ...the only evidence they had uniforms was a baseball cap with US Marshal's Service.
...anyway they got out of the car...6/08...
everybody got out of their cars. They all had guns. Scott took off running, he took off towards the trailerhouse. Wigglesworth supposedly was going to circle and then got caught in the weeds or something and couldn't get any further. They were all hollering at each other, a lot of swearing, both sides...6/40...
...and, the, Yori was behind the tele. pole.
KEN20
6/54... Ken Muir was exellent marksman especially with his service revolver. And, my impression of what happened was that, regardless of what finally touched it off, I think Ken shot the first shot and he hit...7/11...Yori. He hit Yori in the shoulder holster of his .45, he had the 45 in it. That's the gun that showed up at the end of the trial...7/25... and then, uh, Chesire didn't know where the shot came from. And the ballistics to me, I've been a hunter all my life, I've loaded shells all my life, I've shot every kind of weapon, both military and civilian life...7/49...
KEN20
I think the next thing that happened before anybody else did any real shooting was Chesire thought that Gordon who was between he and Muir, had fired that shot and he shot at Gordon but he hit Muir!!!...8/11...
*****^^^^^^^^I think the ballistics evidence is just simply overwhelming, that it was Chesire who shot, Muir only got hit with one shot. And I think it was very clear to me that it was Chesires bullet, cause he was the only one shooting that kind of bullet...then all hell broke loose...8/30...
KEN20
People were shooting all over the place and when that died down, gordon went over because Gordon was convinced, I think was born out later, Gordon was convinced that Chesire had shot Yori...8/48...
Because he heard those two shots so close together, and as he turned, Yori was going down and of course he thought Yori was dead...8/56...
... and he went over and finished off chesire, at literally point blank range...and then got out of there. I think that's the scenerio, I think that's what happened...9/10...
The judge knew what instructions he was going to give and he gave the instructions
10:40 if all the evidence had come out...someone testified that Yori shot first but he was already down
11:30 I think that those jury instructions would have been wired anyway.
12:20 CARRYING GUNS
If they would have not had guns they wouldn't be on trial. You're in ND...I fought in the marine core and fought to protect that right...
13:50 ...A clear identification official has a tendency to intimidate anybody... I don't buy the story...originally they may have not known they were law enforcement, but they must have identified themselves pretty damn fast. What group might have been after them?
DARREL GRAF?
15:45 I think in my opinion he made a concious decision and he backed out and said this isn't right...I think he made a wise decision... he may be dead if he hadn't.
17:30 if they start accumulating their good time... they'll get out...I think if they do the required time they'lll get out.
BUD WARREN TAPE:
18:25
This is a tape I got from Bud Warren...Bud had taken an interest in GK because he felt that Chesire was going to get somebody hurt...Chesire was too eager to take Gordon in... arranged a meeting at a neighbors farm and they tape-recored the meeting. ...What he testified to, that he declined to go along and he warned Muir that there could be trouble. ...He had met with Gordan and tried to convince
him to give himself up...I think this sums up his attitude (on the tape)
21:20 Plays tape "that's Bud Warren"
22:25 I guess that about sums it up...if nothing else...he was a man of conviction, when his mind was made up, his mind was made up. ..22/49...
22/58...no, I just had one thing I was going to mention to you but not on tape...23/02...
23:23... "You do have that SOB on!"
KEN20
24:00 I got an anonymous phone call of where Yori's gun was...the next day I disclosed to the judge...they called me and told me it was in the trash at the mall. If we would have had that before the trial who knows...there was very little said about it... the jury just saw it as confusing evidence.
25:45
It certainly showed that Muir hit Yori...
I've been accused of a lot of things..
BILL KENNELLY INTERVIEW:
REEL #21
KENNELLY#21
00:35...A couple of weeks into the trial Bud called me and indicated he'd been watching the news reports... and I drove up to see him...the Marshal's service had ordered him not to go down to the trial. ...I called Bud back and called him as a witness...the second evening he gave me the tape...we supoened him...that made him very unpopular in the Marhsals service...in my mind Bud Warren was one of the finest Police officers in the history of this state...Testimonial for BUD WARRen...I was disappoint in the cloud he retired in.
(END KENNELLY NOTES)