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Published December 15, 2010, 07:55 AM

Convicted killer unlikely to testify in 2nd trial

FARGO, N.D. (AP) — Lawyers who have been both defense attorneys and prosecutors say an Oklahoma City man convicted of murdering a North Dakota man is unlikely to testify in the trial of another Oklahoma man accused of paying for the hit.

FARGO, N.D. (AP) — Lawyers who have been both defense attorneys and prosecutors say an Oklahoma City man convicted of murdering a North Dakota man is unlikely to testify in the trial of another Oklahoma man accused of paying for the hit.

Michael Nakvinda claimed he was framed in the death of Fargo dentist Philip Gattuso. Attorney Bruce Quick tells The Forum that even if Nakvinda changes his story in hopes of getting a lighter sentence and says he was hired, he's unlikely to be believed.

Gattuso's father-in-law, Gene Kirkpatrick, is accused of paying Nakvinda to kill Gattuso because he didn't want Gattuso raising his granddaughter. He faces a March trial on a murder conspiracy charge.

Prosecutor Birch Burdick has declined to talk about the effect Nakvinda's trial might have on the second case.

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