MARINETTE, WI (WTAQ-WLUK) – A judge will review written arguments before ruling if a DNA sample collected from Raymand Vannieuwenhoven will be allowed at trial for the 1976 murders of a couple at a county park.
Vannieuwenhoven, 83, is charged with two counts of first-degree murder for the deaths of David Schuldes, 25, and Ellen Matheys, 24. Trial is scheduled to start July 19.
The murders of Schuldes and Matheys were unsolved for more than four decades. Last year, a DNA sample from evidence at the crime scene was determined to be from a particular family. After samples tested from Vannieuwenhoven’s brothers weren’t a match, a sample from him – obtained from a licked envelope for a survey on police performance filled out by Raymand – was a match, according to the complaint.
Defense attorney Lee Schuchart challenged the use of the DNA sample collected from Vannieuwenhoven, noting police didn’t have a warrant and basically lied to him about the purpose of the survey – making the entire ruse a violation of search & seizure rules.
District Attorney DeShea Morrow noted there was no coercion and Vannieuwenhoven voluntarily cooperated with the chief deputy.
At a hearing Friday, Judge James Morrison gave the attorneys until March 12 to submit briefs, and then he plans to issue a written ruling.
“It’s clear to me what I am going to focus on is: ‘Was there consent?’ ‘Was the consent exceeded?’ I think those are two legitimate questions,” Judge Morrison said.
Also Friday, Judge Morrison denied a defense motion to reduce the $1 million cash bond, noting Vannieuwenhoven’s care in the jail may be the best option for him.
Vannieuwenhoven also allegedly sexually assaulted Matheys. DNA from evidence from the assault was eventually used to tie him to the crime scene. However, the sexual assault charge was dismissed because the statute of limitations has expired. There is no statute of limitation on homicide charges.
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