DC judge denies motion to suppress statements in Seehaver homicide case
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By LeAnn R. Ralph
MENOMONIE — A Dunn County judge has dismissed a motion filed by defense attorneys to suppress statements to investigators made by former Colfax resident Richard Seehaver following the death of John Likeness in December of 2018.
Seehaver, age 53, appeared in Dunn County Circuit Court with his attorneys, Shelly Tomtschik and Donna Burger, before Judge Rod Smeltzer March 2.
Seehaver and Likeness were 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.
Seehaver’s attorneys filed a motion to suppress statements he made to investigators during an interview at the Dunn County jail December 30, 2018, after Likeness’s death.
Seehaver is charged with one felony count of first-degree intentional homicide.
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.
The standard the court must apply is whether Seehaver’s statements were made voluntarily and intelligently, Judge Smeltzer said.
Seehaver spoke with investigators around midnight at the Dunn County jail. There was a period of small talk, and Seehaver was offered soda pop and water, the judge said.
Seehaver was not handcuffed, Judge Smeltzer noted.
During the start of the interview, Seehaver was “very talkative,” and the investigators asked basic questions, such as whether he wanted to be called Richard or Rich, and whether he wanted a soda pop, the judge said.
The small talk went on for a period of time, and Seehaver was not under interrogation. The question comes in when Seehaver was read his Miranda rights, Judge Smeltzer said.
After Seehaver received the Miranda warning, he told investigators he understood his rights and also said if he “was smart,” he would not talk and would ask for an attorney, the judge said.
While Seehaver did not say, “I will talk,” he did continue talking, and when he was asked questions, he continued talking, Judge Smeltzer said.
Considering all of the evidence, it is clear to the court that Seehaver understood his rights and that he chose to talk, he said.
During the interview, Seehaver alluded to things that were not coherent and talked about “outside forces” influencing him, but he had an understanding of the questions being asked, Judge Smeltzer said.
The investigators complied with the Miranda warning, and Seehaver waived his right to have counsel present. His statements were made voluntarily, willingly and intelligently. While it is true that Seehaver was evaluated by psychiatrist later on and found incompetent and was sent to Mendota for treatment, that had not been determined at the time in question when he was being interviewed, and it was not a controlling factor, Judge Smeltzer said.
The judge described the investigation as “laid back” and said the the investigators had not used “trickery.”
Seehaver exhibited “continual acquiescence” to the questioning process, the judge said.
After considering the preponderance of the evidence, Judge Smeltzer denied the defense motion to suppress Seehaver’s statements to investigators.
Trial
Dunn County District Attorney Andrea Nodolf suggested it would be appropriate to schedule a trial for Seehaver.
A four-day trial is on the court schedule in July.
A final pre-trial hearing is scheduled for June 18 at 2:30 p.m.
Judge Smeltzer ordered that motions, jury instructions, witness lists and a list of the criminal convictions of any witnesses be filed with the court by June 5.
Seehaver’s attorneys also asked that a status conference be scheduled as soon as possible.
Seehaver is scheduled for a status conference on April 23 at 2:30 p.m.
A $200,000 cash bail had been set January 2, 2019, but Judge Smeltzer increased the cash bail to $500,000 on January 14, 2019, and as of the March 2 court hearing, Seehaver remained in custody at the Dunn County jail.
