Kidnapper appeals 100-year sentence

South Dakota Supreme Court hears arguments from Tory Teigen's attorney

By Katie Brown, Journal staff | Thursday, October 04, 2007

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SPEARFISH -- An attorney argued Wednesday before the state Supreme Court that a man serving a 100-year prison sentence for a 2004 kidnapping did not receive a fair trial for a number of reasons.

Tory Teigen, 31, is appealing his conviction and sentence in the July 12, 2004, kidnapping disappearance of Troy Klug.

Chief among Teigen's reasons for appeal is that a codefendant in the case deemed incompetent at the time of the trial was allowed to testify against him.

The Supreme Court held meetings Monday through Wednesday on the Black Hills State University campus. University students and were invited to listen in on the proceeding, with a large turnout Wednesday.

Teigen was convicted of kidnapping Klug when Klug went to the home of Cynthia Kindall to buy drugs.

Klug was never seen or heard from again.

Teigen was convicted by a jury of tying Klug up and beating him.

Klug's body has never been found.

Teigen's attorney, Kevin Lewis, said that because Kindall had been ruled incompetent at the time of his client's trial, she should not have been allowed to testify against Teigen.

Lewis also said Teigen should not have been charged with or convicted of having a conspiracy with Kindall to commit kidnapping because "one cannot have a conspiracy with someone who is found unfit to stand trial."

Frank Geaghan, assistant South Dakota attorney general, said even without Kindall's testimony, Teigen likely would have been convicted because of Tell Cook's testimony and other evidence.

Geaghan said Wednesday that at Teigen's trial, Kindall and Cook testified that they saw Klug tied up in Teigen's trunk.

Cook also testified that Teigen told him that he had Klug in a toolbox. Cook also testified that when he asked if Teigen had given Klug water on that July day, he told Cook "it's too late for that."

Cook pleaded guilty to misprision of a felony, a class one misdemeanor, for knowing about the crime but not reporting it.

Cook was sentenced to probation and community service.

Kindall was ruled incompetent to stand trial and was admitted to the state hospital.

In January 2007, she was sentenced to 20 years in prison after undergoing another hearing in which she was ruled competent to stand trial.

Teigen is also appealing his sentence on various other grounds including that he did not receive a speedy trial and that his 100-year sentence is disproportionate because the court used murder-related facts that were not part of the kidnapping charge.

The five Supreme Court Justices -- Steven Zinter, Judith Meierhenry, John Konenkamp, Richard Sabers and Chief Justice David Gilbertson -- will issue their written opinion in the case at a later date.

Contact Katie Brown at 394-8318 or katie.brown@rapidcityjournal.com