FARGO — The jury trial of a Fargo man accused of fatally shooting his father nearly two years ago is slated to begin Thursday, July 30, with the 36-year-old defendant likely to claim he was framed.
Christopher Blaine Riley is expected to represent himself in Cass County District Court against a Class AA felony charge of murder in connection to the death of 60-year-old Kevin Riley Sr.
Police found Kevin Riley’s body covered with a white sheet and with gunshot wounds to the head on Sept. 21, 2018, in the defendant’s Fargo apartment at 2302 17th St. S., according to court documents.
Christopher Riley reported to police that his father killed himself. Officers started investigating the death as a homicide after discovering a gun 6 feet from the body with the magazine removed, court documents said.
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There also were signs of a scuffle, and the trajectory of the bullet into the older Riley's neck just below his right ear suggested he likely didn’t take his own life, court documents stated.
With the exception of trips to the courthouse for hearings and to the State Hospital for a mental health evaluation , the younger Riley has been in Cass County Jail since Sept. 27, 2018.
Doctors determined he was fit to stand trial. If convicted, he faces a maximum penalty of life in prison without parole.
Riley has declared his innocence throughout hearings and in letters to Judge Susan Bailey, who will preside over what could be a seven-day trial. At times, exchanges in court have become heated with yelling, interruptions and cursing from Riley.
During a March hearing, he claimed his rights to a speedy trial, proper representation and other civil rights had been violated. The hearing was held after Riley fired his defense attorney, Steven Mottinger.
“I’m not afraid to go down in a hellfire of glory for my nation,” Riley said.
Riley refused to attend a July 6 hearing to discuss the upcoming trial. Instead, he wrote another letter saying he was framed and that he can prove his innocence.
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Prosecutors are expected to present more than 75 exhibits as evidence, including scene photos, audio recordings of Riley’s interview with detectives, an autopsy report and a replica of the gun allegedly used in the shooting. The state also could call more than a dozen witnesses.
What won’t be offered up as evidence is a gunpowder test Riley claims was performed on his father’s hands. He has said in letters requesting the results of the test that it would prove the older Riley shot himself.
Prosecutors and investigators have said the test and results do not exist.
Riley also has requested subpoenas for multiple lawyers, judges and deputies to testify in court, though many of those requests have been denied since they cannot offer any facts about the case, according to a letter from Bailey to Riley.
Several character witnesses also have been blocked since they wouldn’t offer relevant information to the case, according to the letter.
Riley’s would be the first murder case to be tried in Cass County, and likely North Dakota, since the coronavirus pandemic began in March. Riley’s trial was set to start in April, though a state mandate pushed that date to July.
His jury trial will be public, though seating will be limited in the courtroom audience to jurors during jury selection.
Judges across North Dakota are allowed to decide whether attendees must wear a mask. Cass County previously told The Forum masks will be strongly recommended for jurors. Measures for social distancing also are in place in courtrooms.
