(Kenosha County Sheriff)
KENOSHA COUNTY, Wis. — The attorneys for Roxanna Vanderzee-Collins and John Viskocil filed a sweeping motion to dismiss the first-degree intentional homicide charges against them Thursday, arguing that the criminal complaint “fails to allege a crime” and doesn’t meet even the minimum standards of probable cause.
In the 17-page filing, defense attorneys Joseph Bugni and Kevin Noonan called the complaint against their clients a patchwork of speculation, innuendo and decades-old hunches that fall short of constitutional standards.
“This complaint doesn’t connect the dots—it doesn’t even draw them,” the attorneys wrote, urging dismissal before the preliminary hearing scheduled for Friday.
The motion argues that the case, stemming from the 2003 shooting death of David Vanderzee, has been investigated in three distinct waves—immediately after the killing, again in 2012, and most recently this year—without any new forensic evidence or substantial new witnesses.
While prosecutors allege a romantic relationship and possible conspiracy between Collins and Viskocil, the defense dismisses the state’s theory as “unsupported suspicions.” The motion contends that investigators failed to tie either defendant to the murder weapon and offered no meaningful evidence about motive, opportunity, or means.
The filing claims the volume of phone calls between the defendants and the victim on the day of the killing has been overstated and reinterpreted to seem suspicious, when in fact it reflected normal communication among friends.
“None of these calls, not a single one, implicates guilt,” the defense argues.
On the subject of motive, the state referenced a life insurance policy but failed to explain whether Collins stood to gain from it. The motion calls this a “stray detail” that, without further development, fails to support a theory of murder for profit.
As for means, the defense zeroed in on the state’s reference to two .38 caliber revolvers found at Viskocil’s home. While the complaint notes that Vanderzee was shot with a .38 or .357 caliber weapon, it fails to say whether the bullets matched the guns—something the defense says must be disclosed if known.
“The complaint cannot claim an inference of guilt based on an assertion they know is false or unsupported,” Bugni wrote.
In the most biting passages, the defense slams the case as being built on emotion and hindsight.
“It doesn’t happen often, but sometimes a criminal complaint doesn’t meet the demands of probable cause,” the motion concludes. “That’s what’s happened in this case.”
Friday’s hearing, originally scheduled as a preliminary examination, now promises to include arguments over this motion. The case was currently assigned to Judge Gerad Dougvillo following Judge Angelina Gabriele’s recusal earlier this week. Prosecutors are expected to oppose the motion, and Kenosha County circuit Court Commissioner William Michael II will decide whether the case can proceed. Both defendants utilize their substitution and Kenosha County Circuit Court Judge Gerad Dougvillo and Judge Rossell will be presiding over this case.
The Vanderzee murder went unsolved for more than two decades before Kenosha County District Attorney Xavier Solis filed charges last month. Both defendants were arrested in late May and Vanderzee-Collins is currently free on $500,000 cash bailand John Viskocil is still in custody. The next court date remains Friday morning unless the court orders otherwise.
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2 Responses
That’s a fairly routine thing for defense lawyers to do in a high stakes prosecution. Also fairly routine: denial of the defense motion.
These people are pure slime