05/21/2019- The man accused of killing an engaged couple more than four decades ago will not face a sexual assault charge in the same matter. Judge Jim Morrison ruled Monday that because the six-year statute of limitations that existed at the time of the alleged attack has run out, 82-year-old Raymand Vannieuwenhoven cannot be charged with the 1st Degree Sexual Assault of Ellen Matheys, whose body was found along with David Schuldes’ in McClintock Park in 1976. Marinette County District Attorney DeShea Morrow says the state still intends to present evidence of the assault during Vannieuwenhoven’s preliminary hearing next month to support the murder charges.
The DNA from the suspected assault is the most critical piece of evidence in this case. The defense argued the DNA lab analyst should be subpoenaed for cross-examination during the preliminary hearing to determine plausibility that the DNA recovered is Vannieuwenhoven’s. But, Judge Morrison says that will not be permitted at this time.
Vannieuwenhoven is facing two counts of First-Degree Murder. If convicted on either, he’d be sentenced to life in prison. His preliminary examination is scheduled for June 19th.