MARINETTE, WI (WTAQ-WLUK) – An appeal on a pre-trial motions ruling could be filed in the case of a 1975 double murder – a move which could result in the July 19 trial being postponed.
Raymand Vannieuwenhoven, 84, is charged with two counts of first-degree murder for the deaths of David Schuldes, 25, and Ellen Matheys, 24, at McClintock Park.
The murders of Schuldes and Matheys were unsolved for more than four decades. In 2019, a DNA sample from evidence at the crime scene was determined to be from a particular family. After samples tested from Vannieuwenhoven’s brothers weren’t a match, a sample from him — obtained from a licked envelope for a survey on police performance filled out by Raymand — was a match, according to the complaint.
Vannieuwenhoven also allegedly sexually assaulted Matheys. DNA from evidence from the assault was used to tie him to the crime scene. However, the sexual assault charge was dismissed because the statute of limitations has expired. There is no statute of limitation on homicide charges.
Despite that evidence, the defense has argued two other men could actually responsible for the murders. There are three prongs which have to be met to allow such evidence: motive, opportunity, and evidence the other person committed the crime.
Marinette County Judge James Morrison already ruled that the defense cannot present arguments about the first alternate suspect. A hearing is scheduled May 24 for arguments about the second alternate suspect – who was at the park that day.
According to a filing with the state Court of Appeals, Vannieuwenhoven’s attorneys have asked for additional time to appeal Morrison’s ruling, which has been granted. The appeal itself has not been filed yet.
If such an appeal is filed, the appeals court does not have to agree to hear it. If it does, the process usually takes several weeks, if not months, potentially putting the date in jeopardy.
The trial is currently scheduled to last two weeks.
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