CHILTON, WI (WTAQ-WLUK) – Hiding a corpse charges filed after a body was found last year at High Cliff State Park were dismissed Wednesday by a Calumet County judge.
Starkie Swenson was killed in 1983. John Andrews was convicted in 1994 of homicide by negligent use a vehicle. Swenson’s remains were found in September 2021 by hikers at High Cliff State Park, prompting the charge of hiding a corpse against Andrews.
Andrews’ attorneys argued to dismiss the charges, arguing the statute of limitations — requiring charges to filed within six years of the offense — has long since expired. Also, the hiding a corpse charge didn’t exist in 1983. Calumet County District Attorney Nathan Haberman contended that since Andrews didn’t disclose to police in a June 2021 interview where the remains were, that constitutes an element of the hiding a corpse count.
In court Wednesday, Judge Carey Reed said statue requires that someone hid a corpse, and did so to evade prosecution or to gain benefits. But those terms are not met in this case, as Andrews’ denials are not sufficient to meet the definition of the act of ‘hiding a corpse.’
This court finds that the body of Mr. Swenson was hid or buried on, or shortly after, Aug. 13, 1983, at High Cliff State Park. Mr. Andrews’ words to law enforcement on June 7, (2021) – they were lies. They certainly did not help officers in their search for the remains of Mr. Swenson. The lies did not help bring closure to Mr. Swenson’s family. These lies would also seem to support a finding of probable cause for the crime of obstruction of law enforcement. I do not find that the defendants’ words, however, “hid the corpse” as that is utilized in 940.11. Therefore, I do not find probable cause for a violation of 940.11 on these facts.
Based on the judge’s comments that Andrews could possibly face obstruction charges, Haberman requested to schedule a status hearing to allow time for him to review his options, but that was denied, and the case was dismissed.
That order releases Andrews, 82, from the bond that had been set.
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.
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.
Initially charged with first-degree homicide, Andrews accepted a plea deal and was convicted of a lesser charge of homicide by negligent use of a vehicle. Andrews served a 2-year prison term.
Comments