Elderly murder suspect not competent to stand trial

MARINETTE — The Lakewood man accused of murdering a Green Bay couple in 1976 has been ruled incompetent to stand trial, at least temporarily, in Marinette County Circuit Court.

Judge James Morrison made the ruling Thursday after hearing testimony from a psychologist who examined Raymand Vannieuwenhoven, 83. He was arrested a year ago after authorities said DNA tests linked Vannieuwenhoven to the murders of David Schuldes and Ellen Matheys, whose bodies were found at the McClintock Park campground July 9, 1976.

Dr. Steven Benson, testifying from his home, said the defendant is not currently competent to aid in his own defense, but his condition could improve with intensive inpatient treatment.

Vannieuwenhoven had a stroke about 10 years ago and has issues with his short- and longer-term memory and reasoning, Benson said.

“There were issues relative to expressive speech, articulation (speaking clearly), anomia (word-finding problems) and significant issues with regard to memory,” Benson said.

For example, he was able to give a rough outline of his work history and upbringing but not specific details, and he was unable to recall when his wife died but was able to state that their marriage lasted 51 years, three months and 27 days, he said.

Because he has been able to live independently, albeit with assistance from his family, Vannieuwenhoven’s condition by definition is considered a mild neuro-cognitive disorder rather than major, Benson said.

“I felt there was a probability he could become competent, given the fact that he has been able to live independently for an extended period of time,” Benson said. “I also qualified that opinion by saying that a more comprehensive neuro-psychological evaluation was warranted.”

With such treatment, it’s more likely than not that Vannieuwenhoven could become competent enough to stand trial, Benson concluded.

State mental health institutions in Winnebago and Medota have a restorative treatment program, beginning with a comprehensive evaluation of the patient’s mental condition, he said.

“We’re looking to be able to sustain or to improve his executive functions,” Benson said. “We have to be able to determine whether he is able to function in such a way that he can access memory, historical details, without interference from other types of, say, for example, the delusions that have been outlined in my report, or just loss of focus because he just can’t stay focused on something for long enough minutes at a time.”

The ruling includes an order that Vannieuwenhoven be treated with psychotropic drugs, which was included over the defendant’s objections.

Morrison scheduled a status conference for 2 p.m. June 24 but acknowledged that with the ongoing coronavirus concerns, “All bets are off on time.”

At the beginning of the hearing, Morrison noted that on March 22, the state Supreme Court issued three orders related to the COVID-19 response — one which specifically stated only court hearings affecting constitutional interests or safety could be held, and any sessions that are held should be done via available internet technology.

About 10 minutes into the hearing, the Zoom connection failed and Morrison was unable to restore it, so Benson’s testimony resumed via speakerphone.

wbluhm@newmedia-wi.com