Hearing set on accused killer's claims

SANDPOINT — A hearing is set for next month to take up remaining claims for post-conviction relief filed by Darryl Robin Kuehl, who was accused of killing a retired schoolteacher and assuming the slain man’s identity.

The state is moving to dismiss Kuehl’s claims of ineffective assistance of counsel and prosecutorial misconduct. The court has also filed notice it intends to dismiss Kuehl’s latest round of claims.

A Bonner County jury convicted Kuehl of first-degree murder, grand theft and multiple forgery counts in 1997. He is serving a 25-to-life sentence on the murder charge.

Paul Gruber, 53, went missing in 1994 and his disappearance went unsolved for nearly two years. Gruber’s body was ultimately found buried beneath his Muskrat Lake home.

Investigators alleged Kuehl took on Gruber’s identity to cover up the crime. Kuehl collected Gruber’s mail, paid bills and even sent greeting cards to relatives. Kuehl was tied to the killing by DNA evidence obtained from a postage stamp and handwriting analysis.

The case has been featured on true-crime documentary television shows such as “The New Detectives” and “Forensic Files.”

Kuehl insists he is innocent and maintains that he was set up to take the fall by Gruber’s real killer. Kuehl argues somebody else killed Gruber, assumed the man’s identity and framed him.

Kuehl, 59, unsuccessfully appealed his convictions and also brought a civil suit in 2003 raising scores of claims of ineffective assistance of counsel. A district court judge rejected the claims, prompting a second appeal, which was denied by the Idaho Court of Appeals in 2008. The Idaho Supreme Court declined to review the appeals court ruling.

While the first civil suit was on appeal in 2006, Kuehl filed a second civil suit for post-conviction relief raising additional claims of ineffective assistance of counsel and misconduct by jurors and the prosecution.

The state later moved for summary dismissal and the court put Kuehl on notice that his claims would be denied because he raised issues which he should or could have known when he initially sought post-conviction relief.

District Judge Steve Verby set a Dec. 21 hearing to sort out the remaining motions. Deputy Attorney General John McKinney, who is serving as a special prosecutor for Bonner County, was optimistic on Monday during a status hearing in Kuehl’s case.

“I’m certain no claim will survive summary dismissal,” McKinney said.