This undated file photo provided by the Caldwell County, Missouri, Detention Center shows Garland Nelson, who is charged with killing brothers Justin and Nick Diemel of Shawano County, Wisconsin.
This document provided by the Clinton County Missouri Sheriff's Department shows brothers Justin Diemel, left, and Nick Diemel, who were reported missing July 21, 2019, and were allegedly killed by Garland Nelson.
WARRENSBURG, Mo. — A Missouri man accused of killing two brothers from Wisconsin admitted to authorities that he disposed of the bodies but denied killing the men, a prosecutor told a judge Tuesday.
Garland Nelson, of Braymer, was charged last year with two counts of abandoning a corpse and first-degree murder in the deaths of 24-year-old Justin Diemel and 35-year-old Nicholas Diemel, of Shawano County, Wisconsin. The brothers disappeared after visiting Nelson’s farm in July 2019, and their burned remains were later found in Missouri and Nebraska. Nelson has pleaded not guilty.
Nelson’s attorneys argued that a person who is charged with murder cannot also be charged with abandoning the corpse of the alleged victim without violating the suspect’s right to remain silent and against self-incrimination.
But prosecutors said Nelson could have followed Missouri law by anonymously reporting where the bodies were located, thus avoiding self-incrimination.
Circuit Court Judge Michael Wagner agreed Tuesday, and denied a defense request to dismiss the abandoning a corpse charges, the St. Joseph News-Press reported.
Patrick Berrigan, Nelson’s primary public defender, also told the judge that a trial date could not be set because the state has not yet turned over all the evidence the defense needs to review.
Special prosecutor Stephen Sokoloff responded that 7,000 pages of police reports and other evidence is available to the defense but that the contents of a computer have not yet been handed over.
Wagner also denied a defense request that Nelson be uncuffed from his waist chains and have at least one of his hands free during court proceedings. He said he would revisit a defense motion objecting to cameras in the courtroom at trial.
COVID-19 restrictions were the focus of two other motions. Nelson's attorneys asked the judge to allow them contact visits at the Caldwell County jail, although current jail policy doesn't allow the visits because of the coronavirus pandemic. Arguments on that motion will be heard Dec. 1.
Defense attorneys argued that Nelson should be allowed to appear at all hearings in person. Sokoloff said the state agrees in principle but could change its stance in response to the pandemic. Wagner ordered Nelson to appear in person for now but he reserved the right to change his ruling.
Multiple shootings top recent notable crimes in Madison area
Man injured, residence hit in 3 shootings, Madison police say
A man was injured and a residence was hit in three shootings since Thursday, Madison police reported.
A man came to a local hospital with a gunshot wound to an upper extremity after a shooting in the 1800 block of Fisher Street on the South Side shortly before 3:30 p.m. Friday, Officer Stuart Moeser said in a statement.
On Sunday shortly after 5 a.m., officers were called to the 5800 block of Balsam Road on the Southwest Side after a witness heard people walking around outside and then 10 gunshots, followed by people running, Lt. David Jugovich said in a statement.
SUV shot at after driver gestures at stolen vehicle traveling recklessly on East Side, Madison police say
An SUV was shot at after the driver gestured at a stolen vehicle traveling recklessly on the East Side on Sunday afternoon, Madison police reported.
A 28-year-old Madison man told police he and his three small children were riding in their SUV on South Stoughton Road near Cottage Grove Road about 12:50 p.m. when a black Toyota sedan with heavily tinted windows was driving recklessly around them, weaving in and out of traffic and onto the shoulder, police spokesman Joel DeSpain said in a statement.
Man charged with North Side murder pleads guilty to lesser homicide
A Madison man, contending he mistakenly thought another man had fired a gun, pleaded guilty Monday to a reduced homicide charge in the death last year of a man on Madison’s North Side.
Larence G. Thomas, 38, was charged last year with first-degree intentional homicide in the Sept. 28, 2019, shooting death of Malik Moss, 19, outside Ridgecrest Apartments on Northport Drive. That charge carried a mandatory life prison sentence if convicted.
Wisconsin sees another COVID-19 outbreak in prison system
Another Wisconsin prison has a COVID-19 outbreak of more than 100 cases, the state Department of Corrections reported Monday.
Racine Correctional Institution/Sturtevant Transitional Facility had 127 active COVID-19 cases among prisoners as of Monday, according to DOC’s data dashboard.
The outbreak comes as Kettle Moraine Correctional Institution and Oshkosh Correctional Institution are still in the midst of two large outbreaks. As of Monday, Kettle Moraine had 412 active cases among inmates and Oshkosh had 346.
Middleton police identify man facing 3rd OWI after crashing into St. Bernard Catholic Church
Middleton police have identified the man facing a third offense of operating while intoxicated after crashing into St. Bernard Catholic Church last Monday.
Investigators determined that Aaron Klubertanz, 36, of Middleton, was traveling at a high rate of speed eastbound on University Avenue about 1 a.m. when he crossed over the center line, struck and knocked over a traffic light at the intersection with Parmenter Street, then continued into the west side of the church at 2015 Parmenter St., Capt. Travis Kakuske said in a statement.
Accused Kenosha protest shooter Kyle Rittenhouse won't face charges in Illinois
WAUKEGAN, Ill. — A 17-year-old accused of killing two protesters days after Jacob Blake was shot by police in Kenosha, Wisconsin, will not face charges in his home state of Illinois, prosecutors said Tuesday.
An investigation revealed the gun used in the Kenosha shooting was purchased, stored and used in Wisconsin, the Lake County State’s Attorney’s Office said. There is no evidence the gun was ever physically possessed by Kyle Rittenhouse in Illinois, it said.
Madison man arrested, woman injured after Downtown crash involving 7 vehicles
A man was arrested after causing a crash involving seven vehicles Downtown Wednesday morning that left one person injured, Madison police said.
Marcus D. Canady, 38, of Madison, was arrested on tentative charges of fourth-offense causing injury by impaired driving, hit-and-run causing injury, operating after revocation, carrying a concealed knife and felony bail jumping.
Wisconsin Dells man charged in alleged plot to kidnap Michigan governor
LANSING, Mich. — Michigan’s attorney general has charged a Wisconsin Dells man as part of what authorities have described as a foiled scheme to storm the state Capitol building and kidnap officials, including Gov. Gretchen Whitmer.
Brian Higgins, 51, of Wisconsin Dells, is the eighth person charged in the alleged plot. Higgins is charged with material support of an act of terrorism, Attorney General Dana Nessel said. If convicted, he could get up to 20 years in prison.
Pair of shootings on Madison's North and East sides leave at least 1 injured
Madison police were investigating a pair of shootings on the North and East sides Thursday that left at least one person injured.
In the first incident, officers responded to the area of Trailsway Street and Brentwood Parkway on the North Side shortly before 6 p.m. for a report of a person with a rifle and several shots fired, Sgt. Angela Straka said. A number of callers had reported seeing some cars in the area and one person running from the scene. Witnesses also said a person had been shot.
Man hospitalized in Middleton stabbing, suspect in custody, police say
A man was hospitalized after a stabbing in Middleton on Friday night, and the suspect is in custody, according to the Middleton Police Department.
Officers were called to a reported disturbance in a parking lot at 2128 Allen Blvd. around 10:10 p.m., the police department said in a statement, which turned out to be a stabbing. The victim, who is in his 30s, was found in the parking lot with serious but non-life-threatening injuries. He is in stable condition.
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