MADISON, WI (WTAQ-WLUK) – In a 4-3 decision the Wisconsin Supreme ruled police did not violate George Burch’s rights when searching his cell phone during the investigation into Nicole VanderHeyden’s death, and he will not get a new trial.
Burch was sentenced to life in prison without the chance of parole. VanderHeyden, 31, a mother of three, was found beaten and strangled to death in a farm field, three miles from her Ledgeview home, on May 21, 2016.
During the trial, prosecutors used data found on the phone that placed Burch at the bar where VanderHeyden was last seen, outside her Ledgeview home where she was murdered, and at the Bellevue field where her body was found.
Burch’s appeal focused on the trial judge’s decision to allow evidence from his cellphone, arguing his Fourth Amendment rights were violated.
The state appeals court did not hear the case, instead sending it directly to the high court.
In 20-page ruling today, four judges upheld the circuit court’s decisions. Court records show three justices wrote dissenting opinions.
