Marinette County Circuit Court Judge James Morrison ruled Friday that DNA evidence will be allow in the trial of Raymand Vannieuwenhoven who is accused of shooting and killing Ellen Matheys and David Schuldes in McClintock Park in 1976 and sexually assaulting Matheys .  He was arrested after new technology matched DNA recovered from the scene to his own in 2019. The defense questioned whether Vannieuwenhoven had given his consent to take his DNA.  Deputies from the Marinette and Oconto Sheriff’s department devised a plan to request Vannieuwenhoven fill out a survey on policing and then have him seal the survey in an envelope.  Authorities got the DNA from the saliva on the envelope. Judge Morrison said he was satisfied that proper consent was given and a warrant was not required to obtain the DNA. Morrison issued a written opinion to back up his decision.

Judge Morrison also turned down a prosecution motion to allow evidence concerning a 1957 case where the defendant pled guilty to battery.

The defense made two motions to allow evidence concerning two individuals who were questioned early on in the investigation who they say could have been involved in the crime.  In one case, Judge Morrison ruled the criteria for allowing was not met, and denied the motion.  In the other case, Morrison says the arguments needed further development before he could rule.  Another motion hearing was scheduled for April 8th.  Vannieuwenhoven’s trial is scheduled to begin July 19th.