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Published September 06, 2013, 05:43 PM

Bagola trial - defense questions FBI agent

Attorneys for 20-year-old Valentino Bagola began trying to poke holes in the prosecution's case in Fargo Friday.

By: Cynthia Johnson, WDAZ

Attorneys for 20-year-old Valentino Bagola began trying to poke holes in the prosecution's case in Fargo Friday.

Bagola is accused of killing his cousins 6-year-old Travis DuBois Junior and his 9-year-old sister Destiny Shaw-Dubois on the Spirit Lake reservation two years ago.

The defense cross examined FBI Special Agent Michael Smotrys. Smotrys interviewed Valentino Bagola July 13th and 16th of 2012. In the interview, Bagola admitted to stabbing his cousins Desiny and Travis Jr with a knife, washed his hands, threw the knife away and left. But the defense said Agent Smoltrys knew there were two knives found on the property with blood on them, and said Smoltrys ignored that fact.

In an interview Bagola said he babysat for the kids between 3:00 and 8:00 Wednesdays until Travis Senior got home from work. The defense argued that during questioning, FBI agent Smotrys knew Travis only worked Monday and Tuesday and did not work on Wednesday. Smoltrys said it wasn't relevant to the facts or the crime scene.

The defense argued that Smoltrys' line of questioning was accusatory, with statements like "I know you did it," "you've got to vent your anger somehow," and 'you've been almost trained to be violent". Bagola faces four felony counts of murder. The maximum penalty for each is life in prison.

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