MARINETTE, WI (WTAQ-WLUK) — For the second time, a judge has denied Raymand Vannieuwenhoven’s motion to argue to the jury that someone else is responsible for the murders of a couple at a Marinette County park in 1976.
Vannieuwenhoven, 84, 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.
Ellen Matheys and David Schuldes were fatally shot at McClintock Park in Marinette County July 9, 1976. (Fox 11 file photo)
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.
Despite the evidence tying him to the scene, Vannieuwenhoven’s attorneys have sought permission to blame the murders on two other men. Under Wisconsin law, defense attorneys need permission from the court before making that argument to a jury. The defense must meet three prongs to have such evidence allowed: motive, opportunity, and evidence the other person committed the crime.
Marinette County Judge James Morrison previously denied the defense request to point the finger at former county parks worker Mervin Walker. That decision is currently being appealed.
After hearing oral arguments Thursday morning, Morrison then issued a written decision Friday, denying the defense request regarding Robert Lukesh. He had been questioned in the case but never charged. He died in 2000.
In the eight-page ruling, the judge said although Lukesh was at the park after the murders were discovered, there’s not enough evidence to support a claim he was involved.
“In essence, Mr. Lukesh’s claimed knowledge that only the perpetrator could have really comes down to a coin flip. He had half a chance to be right or wrong and he happened to be right. A coin flip does not meet the defense’s burden and against that are the specific factual statements which Mr. Lukesh made, which have been detailed above, about the crimes which are flat out wrong. After very serious consideration of all of the evidence and the reasonable inferences the Court comes to the same conclusion that the Wisconsin Supreme Court came to in General Grant, remote possibility, speculation, a theory without a direct connection is not enough to support Denny evidence. For that reason, the motion with respect to Robert Lukesh is denied,” Judge Morrison ruled.
The defense filed a pre-trial appeal of the judge’s ruling on the Walker decision, and may for the Lukesh decision, defense attorney Lee Schuchart told FOX 11.
“We will explore all legal options available to Mr. Vannieuwenhoven, but have no further comment at this time,” Schuchart said.
