No ruling was made at motions hearing Friday on a defense motion to exclude DNA evidence in the case against 83-year-old Raymand Vannieuwenhoven accused of shooting and killing Ellen Matheys and David Schuldes in McClintock Park in 1976.  He was arrested after new technology matched DNA recovered from the scene to his own in 2019. The defense is questioning whether Vannieuwenhoven actually gave his consent to take his DNA.  Detective Todd Baldwin of the Marinette Sheriff’s Department and Oconto County Chief Deputy Darren Laskowski testified that a plan was devised for Laskowski to approach  Vannieuwenhoven at his home in northern Oconto County to have him take a survey on policing and then have him seal the survey in an envelope.  Authorities got the DNA from the saliva on the envelope, which they say matched the DNA sample from the crime scene.  The defense contends there was not the proper consent received when authorities gathered the DNA in this way.  Judge Morrison says because of the importance of the case and since he believes his decision will be appealed regardless of which way he rules, he will issue a written decision.  Another motion hearing has been scheduled for March 19th.

 

Judge Morrison also denied a defense motion to reduce bail to allow Vannieuwenhoven to be moved out of the Marinette County Jail, citing COVID-19 concerns.  Due to his health issues, the jail has basically been providing a segregated one man nursing home for Vannieuwenhoven.  Judge Morrison said given no viable alternatives, this arrangement remains the best for protecting the defendant mainly from himself, and denied the motion, although he remains open to finding a better alternative.