Erik Metzig PC: Fox 11 Online
OSHKOSH, WI (WTAQ-WLUK) — Erik Metzig wants to withdraw the no contest plea he entered for the murders of his parents — now claiming he was a victim of sexual assault, according to a motion filed Thursday.
Metzig, 27, was convicted in August for the March 18, 2023 deaths of David and Jan Metzig, but sentencing has not happened. He faces life in prison for each count.
Attorney Timothy Hogan said a letter Metzig wrote in October is the basis for the motion.
“In that letter, Erik wrote that he had been the victim of repeated sexual assault from a young age and that is the reason he killed his parents,” Hogan wrote. “During the plea colloquy with Erik, the Court did not confirm, through either Erik or his attorney, that the facts to which he admitted constituted a factual basis for the offenses to which he plead. Moreover, Erik has recently disclosed new evidence that would be material and non-cumulative in the case. These constitute a fair and just reason for Erik to withdraw his pleas. Finally, the state will unlikely suffer substantial prejudice should the Court allow Erik to withdraw his pleas.”
Among the arguments offered is what impact the information might have on a jury — and could result in a conviction for a lesser charge.
“If Erik was the victim of sexual assault since childhood, a jury may consider this as evidence that he was adequately provoked to commit the offense with which he is charged. Once adequate provocation is raised as an issue, it becomes the state’s burden to prove beyond a reasonable doubt that Erik was not acting under the influence of adequate provocation,” Hogan wrote.
Prosecutors have not responded to the motion. A hearing is scheduled for Monday afternoon.
Police were called to the home around 5:15 a.m., where the dead couple was discovered. Police found the bodies in the bedroom, covered in blankets, with apparent gunshot wounds to the head, the criminal complaint states.
According to their obituary, David and Jan Metzig were third-generation owners of Union Star Cheese Factory near Fremont.
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