John C. Andrews PC: Fox 11 Online
CHILTON, WI (WTAQ-WLUK) — A misdemeanor charge against John Andrews will stand for allegedly lying to police regarding the whereabouts of Starkie Swenson’s body — whose remains were found at High Cliff State Park nearly 30 years after his death, a judge ruled Tuesday.
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 to go to trial in September, but Andrews’ attorney filed a motion, seeking to have the case dismissed on several grounds.
In a four-page ruling issued Tuesday, Judge Carey Reed rejected all of Andrews’ motions.
Among the findings:
- Andrews argued the complaint did not provide enough detail about the obstruction charge. Reed disagreed, saying “There are ample materials on file from which the defendant can ascertain the basis of the charges with very particular detail. Therefore, there is no reason to exercise discretion to grant a bill of particulars; Mr. Andrews’ motion for this relief is denied.”
- Andrews argued the case should be moved from Calumet County due to the publicity. Reed disagreed, saying “Familiarity with the facts of the case, in and of itself, is not a basis for a change of venue. Nor can this court conclude, on this record, that there is an inherent prejudice resulting from the issues raised by Mr. Andrews. Mr. Andrews’ concerns can certainly be addressed through jury selection process. Accordingly, Mr. Andrews’ motion for change of venue and/or an out-of-county jury are denied.”
- Andrews argued the charges are prohibited because of his 1994 plea deal for Swenson’s death. Reed disagreed, saying “The instant case is not, about the homicide, but rather about the location of the remains. This is not, therefore, the same factual basis that would bar the state’s current charge. Accordingly, Mr. Andrews’ motion to dismiss pursuant to plea agreement, is dismissed.”
- Andrews argued this is an ‘improper prosecution.’ Reed disagreed, saying “Based on the above, there is no presumption that this prosecution is barred by the Due Process Clause. Similarly, there is no showing that the charge was actually motivated by improper reasons. Again, the court dismissed the felony in 21 CF 79 and stated that the facts might support the current charge; Mr. Andrews also argued that the state may be able to bring misdemeanor charges, rather than the prior felony charges, on the instant facts. Perhaps the state took him up on his suggestion, but there is no showing that it did so by, or for improper reasons. Mr. Andrews’ motion to dismiss for improper prosecution is denied.”
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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