Seehaver asks to represent himself in first degree intentional homicide case
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By LeAnn R. Ralph
MENOMONIE — Former Colfax resident Richard W. Seehaver, who has been charged with one felony count of first-degree intentional homicide, has told a Dunn County judge he would like to fire his attorneys and represent himself.
Seehaver, age 53, appeared in Dunn County Circuit Court with his attorneys, Donna Burger and Shelly Tomtschik, before Judge Rod Smeltzer during a hearing December 3.
Judge Smeltzer noted that motions had been filed with the court to suppress evidence but also for Burger and Tomtschik to withdraw as Seehaver’s counsel.
Seehaver is charged in connection with the death of 54-year-old John M. Likeness last December in Menomonie.
Seehaver and Likeness are both early 1980s graduates of Colfax High School, and according to the criminal complaint, Seehaver told investigators he had lived in the house in Menomonie with Likeness for a few months and had lived with Likeness in Cedar Falls before that.
During the December 3 hearing, Seehaver told Judge Smeltzer that he wanted to represent himself.
Judge Smeltzer noted that Seehaver’s attorneys had filed a motion about the evidence in the case and that some of the evidence should be suppressed.
Seehaver said he was not aware that his attorneys had filed motions.
If Seehaver plans to represent himself and plans to file motions with the court, those motions should be reviewed by counsel before going to the court, Judge Smeltzer said.
Judge Smeltzer pointed out Seehaver is not an attorney and that Seehaver has not had “the level of exposure to the law” as his attorneys have had.
On the other hand, Judge Smeltzer said he was not saying Seehaver cannot look at the motions and discuss the motions with his attorneys.
The attorneys will be able to tell Seehaver what the court will or will not consider, Judge Smeltzer said.
In addition, a hearing would be required to decide if the court were going to allow the attorneys to withdraw, the judge said.
Judge Smeltzer also said he would “need to have a dialogue” with Seehaver about representing himself and that the dialogue had not yet been done, either.
Even if he were to allow Seehaver to represent himself, Judge Smeltzer said he would still require standby counsel for Seehaver.
Judge Smeltzer scheduled a one and a half hour motion hearing in Dunn County Circuit Court for January 16 beginning at 9 a.m.
The judge also noted that Burger and Tomtschik are still Seehaver’s attorneys of record.
Sergeant Kelly Pollock, a detective with the Menomonie Police Department, testified during a preliminary hearing in Dunn County Circuit Court before Judge Smeltzer June 20 that a 911 call had been received on December 30, 2018, in connection with a house on 15th Street Southeast in Menomonie.
When the first officer arrived at the house, through the window, he saw a man in a chair — later identified as Likeness — and Seehaver with his arms around Likeness, Sergeant Pollock testified.
The officers who first arrived on the scene convinced Seehaver to open the door, and when he did, the officers saw his clothing and face were covered in blood, she said.
The officers entered the residence to see if anyone else was in the house, but the only person there was Likeness, who was deceased, Sergeant Pollock said.
A forensic autopsy was conducted in Ramsey County, and the result listed homicide as the cause of death for Likeness and was due to the crossbow bolt on the left side of his chest and three gashes in his throat, Sergeant Pollock testified.
During a court hearing February 28, after the court received a competency evaluation completed by Dr. Donna Minter, a clinical psychologist, Judge Smeltzer ordered Seehaver remanded to the Mendota Health Institute for medication and treatment.
Dr. Minter indicated Seehaver’s competency would be restored with medication and treatment, and after Seehaver was determined to be competent, he could return to the court for further proceedings.
Another competency evaluation was submitted to the court in May, and Seehaver was determined to be competent to proceed with the case.
A $200,000 cash bail had been set January 2, 2019, but Judge Smeltzer increased the cash bail to $500,000 on January 14.
At the time of the December 3 court hearing, Seehaver remained in custody.
First-degree intentional homicide carries a maximum penalty of life in prison.
