Man tied to Hampton kidnapping case appealing a charge
BISMARCK, N.D. — It sparked a nationwide Amber Alert. Now a man arrested in a child abduction case out of Hampton is fighting one of his criminal charges filed in North Dakota.
Previously: Court documents reveal disturbing details in missing Hampton kids case
After getting arrested in Burleigh County in October 2022, Michael Hamilton told authorities he flew to Hampton from the state of Washington to pick up his daughter Amelia and his grandchildren. Amelia’s boyfriend, Timothy Truitt, would also join the trip.
Previously: Dash cam video shows arrests of 2 accused in Hampton child abduction case
Court documents show Hamilton telling authorities the couple in Virginia lost their house, so he decided to drive them to Washington to start anew. Hamilton claims he did not know Truitt’s sister actually had custody of the two grandchildren. This later sparked a nationwide Amber Alert and the three adults were eventually put behind bars in North Dakota.
Surveillance pictures 10 On Your Side obtained earlier this year show Hamilton and Truitt taking the two children at a Walmart in Hampton along Cunningham Drive. Dash cam video out of North Dakota showed their arrest later on. Court filings in Burleigh Country show the two grandchildren were temporarily put into protective care, found soaked and covered in their own waste at the traffic stop.
Since the arrests, Amelia Hamilton and Timothy Truitt took plea deals. Hamilton tried taking a plea deal for drug charges and hindering law enforcement. But court filings show in February 2023, the judge rejected his side of the story, not accepting his guilty plea for hindering the investigation.
Previously: One of three suspects in Hampton child abduction case sentenced
The next day, Hamilton entered an Alford plea. The judge handed down a three year prison sentence, longer than what was in the original plea deal.
Now, Hamilton and his attorney are appealing the hindering charge in the North Dakota Supreme Court. Filings from the higher level court show they argue that the judge unfairly used facts that technically were not presented in the case. They argue the judge should not have used Amber alerts as a reason for sentencing.
In September court audio from prosecuting attorney, Julie Ann Lawyer, she is heard arguing Amber alerts are common knowledge.
“Despite the fact that there isn’t any evidence on the record as to what an Amber Alert entails, everyone who’s ever received an Amber Alert knows what that entails,” Lawyer said. “I don’t believe there’s any adult in the world with a cell phone that’s never seen an Amber Alert where it always says missing and endangered.”
Hamilton claims he was not aware of Truitt’s troubling past. Truitt is a registered sex offender, with records showing convictions for sexually abusing a child and for incest.
Hamilton is still serving his sentence at the North Dakota State Penitentiary. Our news team called the clerk of North Dakota Supreme Court to ask what is next. We were told the justices are now in the process of making their decision. They have no deadline to rule on the appeal.
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