Justice for Dean Hettinger

Postconviction Relief Trial – Final Day of Testimony

• Live Testimony: The final day included scheduled live testimony from key witnesses, including the FBI Behavioral Analyst, who provided an equivocal death assessment and behavioral evaluation supporting Todd’s innocence.
• Additional testimony showed that Todd rendered aid to his wife, and that he immediately instructed the funeral home to delay cremation after being accused—actions inconsistent with guilt.
• State Reverses Position: Although the State had previously insisted that all witnesses be called live at trial, on the final day, the State reversed course and agreed to allow Todd’s attorney to admit several depositions (prior sworn testimony) in lieu of testifying by live appearance at the PCR Trial. This marked a major shift and streamlined the remainder of the case presentation.

  • See 1/9/2025 Hearing Transcript – Page 98 Lines 20 to Page 99 Line 9.

    MS. NICHOLS COOK:  Your Honor, I think we hadattempted to reach out to the State and exchange someemails about whether there were going to be anystipulations to admitting some depositions instead oflive testimony. We have not met, with the holidays andeverything I think is part of the problem, but I think we have always been open to stipulating to admission ofdepositions and reports instead of calling certainwitnesses in order to streamline this and be moreefficient for the Court, but we also are available forthe ten days, if necessary, at this time. 

    HE COURT: Mr. Bakke or Mr. Duden?

    “MR. DUDEN:   Thank you, Your Honor. At thistime we don’t stipulate to anything, and they can calltheir witnesses accordingly. Thank you.”

• End of Witness Testimony: Following this agreement, live testimony concluded. The State rested without presenting any additional witnesses. Closing arguments followed.

Watch here: https://www.youtube.com/live/hO_DnQGoc_c?si=fxPKk10NQ0XYLLa4