Elderly murder suspect not competent but could become so

DNA matched Lakewood man to Marinette County murders, prosecutors say
By: 
Warren Bluhm
News Editor

MARINETTE — A Lakewood man currently is not competent to stand trial for a 1976 double murder, but a psychologist believes it’s possible he could become competent.

Raymand L. Vannieuwenhoven, 83, has been held at Mendota Mental Health Institute in Madison for the past three months. A June 24 hearing originally set to determine his competency to proceed became a scheduling conference for prosecutors and the defense.

He is charged with two counts of first-degree murder in the deaths of David Schuldes, 25, and Ellen Matheys, 24, who were shot to death July 9, 1976, at the McClintock Park campground in the Marinette County Town of Silver Cliff.

The case went unsolved for decades until modern DNA testing matched evidence found with Matheys’ body to Vannieuwenhoven in March 2019, investigators said.

The psychological report by Ana Garcia, Ph.D., is not open to the public but was discussed during the hearing in Marinette County Circuit Court.

“In reading this report, for seven pages, I was convinced that they were going to come back and say he was competent; it’s a very favorable report for him regaining competency,” said Mark Williams, a special prosecutor with the state Department of Justice who is helping District Attorney DeShea Morrow prosecute the case. “It seems that they need just a little bit more time to continue the evaluation, since he’s not cooperating with the evaluation tests.”

Because the defendant is resisting the tests, the Mendota staff wants to dig deeper before making a definitive conclusion as to his longer-term ability to become competent, defense attorney Lee Schuchart said.

Judge James Morrison scheduled a status conference for 8 a.m. Sept. 14, and he asked the attorneys to be thinking about the court’s options if Vannieuwenhoven continues his stance of noncooperation with psychologists.

“If we come to the same position we are now, in September, I want some recommendations from both sides as to what you think I can do, if anything, to obtain his cooperation,” Morrison said.

Several members of the victims’ families were present in court, but chose not to make a statement. Morrison noted that under the “Marsy’s Law” state constitutional amendment approved by voters in April, families of crime victims have a right to be heard at any substantive hearing during the court process.

Vannieuwenhoven was not present at the hearing because he appeared to fall ill earlier in the day and was taken to a hospital as a precautionary measure.

wbluhm@newmedia-wi.com