A jury will not hear statements from a friend who said Madeline Kingsbury told her weeks before her death that if something bad happened to her, it would be caused by her ex-boyfriend, Adam Fravel, the judge in the case has ruled.
Fravel was Kingsbury’s boyfriend and the father of her two children. He is accused of killing the Winona woman. A change of venue was ordered in June, and Fravel’s jury trial is scheduled to begin Monday in Mankato.
Madeline Kingsbury. (Courtesy photo)
Fravel and his legal team objected to the introduction of relationship and hearsay evidence shared by friends and family members of Kingsbury during pretrial appearances at trial.
Winona County District Judge Nancy Buytendorp accepted some of the defense team’s arguments.
Buytendorp ruled that Kingsbury’s friend Lauren Dubois will not be allowed to testify about what Kingsbury told her in March 2023 at Mayo Clinic. Dubois told investigators that Kingsbury told her if something happened to her or her children, “It was Adam.”
“Although this statement by the alleged victim was voluntarily made, it lacks sufficient detail and context, which undermines its circumstantial guarantees of trustworthiness. Furthermore, these is a significant risk that the jury may interpret the statement as a definitive indication of the defendant’s actions,” Buytendorp wrote in court documents.
Dubois’ testimony about Kingsbury asking Dubois about how she left her own abusive relationship will also not be allowed.
Testimony from Kingsbury’s father’s wife, Catherine, about Kingsbury telling her that Kingsbury’s daughter had seen too much will also not be allowed during the trial. Testimony from witnesses about Fravel having access to Kingsbury’s phone also will not reach the jury.
Buytendorp ruled witness testimony regarding statements from Kingsbury related to abuse must be specific and detailed.
She decided testimony about an event where Fravel allegedly threatened that Kingsbury would end up like Gabby Petito is allowed, except from Kingsbury’s intimate partner, Spencer Sullivan.
Buytendorp determined that witnesses, who could number more than 180 from both the prosecution and defense, would be allowed to testify about some statements Kingsbury allegedly made related to her safety right before her disappearance, including about Fravel’s behavior that Kingsbury shared, but they will not be able to testify about her state of mind.
Other testimony from pre-trial hearings that will be allowed include statements about Fravel not helping with household responsibilities, Kingsbury’s plans to leave Fravel and her concerns about doing so, a friend offering Kingsbury and her children a place to stay but Kingsbury declining, a friend hearing Fravel make degrading comments directed at Kingsbury, and injuries to Kingsbury observed by her friends and Kingsbury’s explanations for them.
Adam Fravel. (Winona County Sheriff’s Office)
Both parties agreed testimony about Kingsbury’s friends seeing “assaultive behavior” when on FaceTime calls with Kingsbury would be allowed, according to the court documents Wednesday.
On Wednesday, Buytendorp also granted a motion to sequester witnesses during the entire trial, which is scheduled to start Monday and continue through Nov. 1 in Mankato.
According to a memo filed on Wednesday, the decision was made to ensure witnesses who are waiting to testify are not influenced by the testimony of others.
“Given the gravity of the charges and to protect the integrity of the trial process, it is utterly reasonable that witnesses be sequestered from the courtroom and from accessing any audio, visual or print coverage for the entirety of the trial including during opening statements and voir dire,” Buytendorp ruled.
Buytendorp also agreed to prohibit spectators in the courtroom and witnesses from wearing items that “reference the alleged victim, violence against women, ‘justice for Maddi’ or which might otherwise elicit an emotive response from jurors,” according to court documents filed Wednesday.
Buytendorp wrote in a memorandum about the decision: “Items such as slogans, arm bands, badges, stickers or similar materials in the courtroom that reference this case, the alleged victim or campaign against gender-based violence may be highly prejudicial to the defendant. Such items could compromise the jury’s impartiality and threaten the defendant’s right to a fair trial. Therefore, all such items and any spectator conduct that could disrupt courtroom decorum are strictly prohibited.”
Fravel faces charges of murder in the first degree while committing domestic abuse with a past pattern of domestic abuse, murder in the first degree premeditated, murder in the second degree and murder in the second degree without intent while committing a felony.
Fravel would face a mandatory sentence of life in prison if he is convicted of one of the first-degree murder charges. If he is convicted of one of the second-degree murder charges, he would face a maximum sentence of 40 years.
Fravel’s bail is set at $2 million with conditions and $3 million without conditions.
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