CHILTON, WI (WTAQ-WLUK) – Calumet County District Attorney Nathan Haberman denies there has been any “prosecutorial vindictiveness” as his office continues to pursue charges against John Andrews in connection with the death of Starkie Swenson, whose remains were found at High Cliff State Park nearly 30 years after his death.
Swenson was killed in 1983. Andrews was convicted in 1994 of homicide by negligent use of 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. In July 2022, a judge ruled Andrews’ actions and statements to police did not meet the statutory definition for the hiding a corpse charge, so he dismissed it.
However, based on that ruling, prosecutors filed a misdemeanor charge of obstruction against Andrews, now 83, for allegedly lying to police in June 2021, when police were searching for Swenson’s remains in the Omro area — months before they were found in Calumet County.
The case is scheduled for trial in September. Andrews’ attorney filed several motions, including asking for a change of venue, and for the charge to be dismissed due to ‘prosecutorial vindictiveness.’ D.A Haberman filed his responses to those motions Monday and Tuesday. A hearing on the motions is scheduled for July 26.
For the vindictiveness claim, Haberman argues Andrews has not met the burden of proof to get a dismissal.
“In this case the prosecutor exercised discretion to bring felony charges initially. This misdemeanor prosecution began only when the felony was no longer a viable charge. There has not been an increase in charges. During the motion to dismiss in the felony case, this Court specifically found that probable cause existed for the misdemeanor charge of obstructing. It was the defendant who objected to amending the complaint in the felony, precipitating this misdemeanor prosecution. There is sufficient evidence to support the new charge, and these facts provide the justification that the new charges are an appropriate exercise of prosecutorial discretion,” Haberman wrote.
The District Attorney also criticized Andrews’ actions in the case.
“Furthermore, the defendant’s continued refusal to disclose information about the remains of Starkie Swenson, even when law enforcement pleaded for his compassion, resulted in continued ongoing suffering and uncertainty for the Swenson family. His obstructionist actions deprived the family closure and the opportunity to mourn the loss of a loved one. This obstructing is more serious than merely lying about one’s name, or running from a scene of a crime. This obstructing continued to ensure the remains of his homicide victim were not found by the victim’s own family. This is sufficient grounds to justify this prosecution,” Haberman wrote.
Andrews also argued the new charge violates the terms of the plea deal reached in 1983. Haberman disagrees.
“The authority cited by the defense in its brief does not support the proposition that an agreement to settle a case, forgoes a future prosecution for lying. In short, the defendant’s apparent authority does not grant the defendant a “license to lie” to law enforcement. Certainly an agreement to settle during the midst of a bodyless homicide trial, does not contemplate foreclosing a prosecution for obstructing an officer based on the defendant’s statements made in June of 2021,” he wrote.
Andrews also asked for a change of venue, which could mean either holding the trial outside Calumet County, or picking a jury in another county then holding the trial in Chilton. Andrews cited the pre-trial publicity of the case, which he argued meant an impartial jury could not be found.
Haberman argues the coverage of the case as “undisputedly declined” since felony charges were dismissed last summer, and measures can be taken to pick a fair jury.
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 entered an Alford plea – which means he maintained his innocence but acknowledged there was enough evidence to convict him – and was convicted of a lesser charge of homicide by negligent use of a vehicle. Andrews served a two-year prison term.
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