Erik Metzig PC: Fox 11 Online
OSHKOSH, WI (WTAQ-WLUK) – No ruling was made Monday on Erik Metzig’s request to withdraw the no contest pleas he entered for the murder of his parents. Instead, a March 19 hearing will address Metzig’s claims he was the victim of sexual assault, which his attorney argues is “new” evidence in the case.
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.
Last week, Metzig’s attorney, Tim Hogan, filed a motion asking to withdraw the no contest pleas, saying “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 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.”
Prosecutors had not replied to the motion before Monday’s hearing. They will oppose the motion, and now have two weeks to submit a formal response.
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.
Comments