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Published November 13, 2013, 09:14 AM

Prosecutors say Bagola appeal should be thrown out

FARGO, N.D. (AP) — Prosecutors have asked a federal court to throw out the appeal of a man convicted of killing two children on the Spirit Lake Indian Reservation.

FARGO, N.D. (AP) — Prosecutors have asked a federal court to throw out the appeal of a man convicted of killing two children on the Spirit Lake Indian Reservation.

A jury in September found Valentino "Tino" Bagola guilty for the May 2011 slayings of 9-year-old Destiny Jane Shaw-Dubois and her 6-year-old brother, Travis Lee DuBois Jr., of St. Michael. Prosecutors said Bagola stabbed the children to death after he sexually assaulted the girl.

Defense attorneys for Bagola said in an appeal filed last month that the government failed to prove its case and Bagola's confession was coerced by FBI agents. The appeal alleged the father of the children, Travis Dubois Sr., was responsible for the killings.

The government said in a response filed Tuesday that the evidence supported a guilty verdict and any decision to grant a new trial "should be made sparingly and with caution."

The 14-page document disputes Bagola's assertion that his confession contained only information that was widely known to the public and family members, including how a knife used in the killings was broken and were the knives were found.

Sentencing is scheduled for Dec. 16 in Fargo. Bagola faces a maximum sentence of life in prison without parole.

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