CHILTON, WI (WTAQ-WLUK) – A charge of hiding a corpse filed last week in connection with a 1983 murder should be dismissed because the statute of limitations has long since expired, according to a defense motion filed Wednesday.
John Andrews, 82, is charged with hiding a corpse for allegedly depositing the remains of Starkie Swenson at High Cliff State Park. Swenson was killed in 1983, with Andrews convicted in 1994 of homicide by negligent use of a vehicle. He has since completed his two-year jail term.
Crews searched for Swenson’s remains in the Omro area in spring of last year. In June, police interviewed Andrews, but he again denied any involvement in Swenson’s death, and did not divulge the location of the remains. The remains were found in September by hikers at the state park.
When the charges were filed, District Attorney Nathan Haberman argued Swenson’s comments in June constitute an element of ‘hiding a corpse’ because he continued to keep the body’s location unknown.
In the 11-page motion filed Wednesday obtained by FOX 11, defense Dattorney Catherine White argues Haberman is misinterpreting the law.
State statute “makes clear that this offense must be filed within six years of the commission of the offense or it is time-barred. No statutory exception applies. And no facts or inferences are offered to show that the statute of limitation was tolled during the intervening years. The Criminal Complaint alleges that John Andrews’ statements to investigators on June 7, 2021—that he did not know where the remains of Starkie Swenson could be found; that he never spoke to Swenson; and that he has never seen Swenson in person (Criminal Complaint at 5)—was the last act to complete the offense, so the statute of limitations did not begin to run until that date. Such an interpretation of 940.11(2) is not supported by any prior Wisconsin decision, nor does the Criminal Complaint offer legal authority to support this position. The offense has always been interpreted to be committed by acts—hiding and burying—not words,” White wrote.
According to the criminal complaint, at the time of the discovery of Swenson’s remains, forensic anthropologist Dr. Jordan Karsten, who excavated the remains, concluded the person was placed there either at the time of death or shortly after.
“Thus, as alleged, Starkie Swenson’s corpse was likely hidden with the intent to conceal a crime in the 1980s. No evidence in the Criminal Complaint supports the inference that John Andrews took steps to hide the corpse at any time in the past six years, even if the corpse remained concealed during this time,” White wrote. “As it is applied here, 939.74(1) is not ambiguous. It requires the prosecution of a violation of 940.11(2) to begin within six years after the last act toward the completion of that offense. The Criminal Complaint places the last act—the hiding of the corpse—well outside of the statute of limitations. The time in which John Andrews could be prosecuted for the charged offense ended no later than 1989.”
Separately, White notes Wisconsin didn’t even have a criminal offense for hiding a corpse until 1992, raising another issue if the charge could apply retroactively to a 1983 act, as state law generally prohibits what’s known as ‘ex post facto’ prosecution.
Prosecutors have not replied to the motion. A scheduling conference is set for May 5 before Judge Carey Reed. The next hearing would typically be a preliminary hearing, but it’s not set yet if the motion to dismiss will be argued before that hearing or after.
Andrews was released on a $10,000 signature bond.
In Andrews’ 1994 trial, prosecutors said he hit Swenson with his vehicle while Swenson was on a bicycle. Prosecutors said Andrews was upset because he and Swenson were romantically involved with the same woman.
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