WDAY: The News Leader

Published December 09, 2010, 09:08 AM

Prosecution, Defense lay out their closing arguments

Fargo, ND (WDAY TV) - Jurors will begin deliberating, again, tomorrow morning at 9 in the Michael Nakvinda murder trial. They deliberated for 4 hours today, but did not reach a verdict. Nakvinda is being accused of murdering Fargo dentist Philip Gattuso. Today was the closing arguments.

Defense attorney Steve Mottinger says there is no evidence of Michael Nakvinda ever being in Fargo. He told the jury, the witness who described a man loading a Porsche on a trailer, a block from Gattuso's home the morning of the murder, as a 20 to 30-year old man with blonde hair.

Evidence proves, and Nakvinda admitted it was his truck and the trailer the car was being loaded on to.

"It doesn't prove it, it may make you suspicious about it but it doesn't prove it, not beyond reasonable doubt. That in a nut shell is the problem with the states case."

The prosecution pointed to the timeline it's laid out. Evidence shows it took the truck and trailer 69 minutes to go from the Bowler parking lot to a South Dakota rest stop on I-29, Nakvinda is the one who stepped out of the truck at the rest stop.

A study done showed it would take 65 minutes. They argued, with just 4 minutes to spare, the timelines don't match up with Nakvinda's story.

Nakvinda says he stayed in Wahpeton the night before the murder. The person he was staying with took his truck to Fargo, got the car and brought it back to Wahpeton. Nakvinda then drove from there to Oklahoma.

"Sometimes things are just that clear and that easy you don't have to complicate it, find the defendant guilty."

Deliberations will begin again at 9 tomorrow morning.