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Published July 22, 2011, 06:42 PM

Witnesses called in second day of Kirkpatrick trial

Fargo, ND (WDAY TV) - The trial of Gene Kirkpatrick took a twist today when we learned who put up the 1 million dollar bond to free Kirkpatrick from jail. He's a key witness in the defense teams case to clear Kirkpatrick’s name of conspiracy to murder charges.

The trial of Gene Kirkpatrick took a twist today when we learned who put up the 1 million dollar bond to free Kirkpatrick from jail. He's a key witness in the defense teams case to clear Kirkpatrick’s name of conspiracy to murder charges.

He's an Oklahoma business man who befriended Kirkpatrick in 1992 and has been close with him since. He says he couldn't believe Gene had anything to do with the murder. Gene Kirkpatrick stands trial in connection with the murder of his son in law Phillip Gattuso who was also a Fargo dentist. Rod Thornton took the stand and says he and his wife paid the 1 million dollars. The defense called Thornton as a key character witness for Gene Kirkpatrick.

Rod Thornton – Defense Witness: "Gene's a good man and we wanted to put the bond up for Gene and didn't believe it and don't believe it today."

The prosecution called its own key witness, David Lybek a Private investigator from Fargo. Lybek tells the jury he was contacted by Kirkpatrick to investigate Phillip Gattuso because he thought Phillip quote "switch hit" or was bi-sexual and cheating on his wife, Kirkpatrick's daughter. Evidence prosecutors say supports why Kirkpatrick wanted Gattuso dead.

David Lybeck – Fargo P.I. “He was looking to hire a private investigator to follow his son in law, Dr. Phillip Gattuso.”

Two other witnesses also took the stand including the states medical examiner and Carolyn Corwin whose husband found Gattuso's body.

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