Judge denies motion to dismiss charges in Fond du Lac skulls case
The defense argued the State’s complaint against Benjamin Larson was insufficient
FOND DU LAC, Wis. (WBAY) - A man charged with concealing stolen property after skulls and other human remains were found in his home will face trial, a Fond du Lac County judge ruled Friday.
The judge in Benjamin Larson’s case denied a motion to dismiss the charges after a lengthy conversation with both sides.
Larson will have an opportunity on Sept. 28 to enter a plea on Sept. 28 to charges that three Native American skulls were found among the memorabilia.
What did the defense motion claim?
The defense argues the criminal complaint against Larson is insufficient and motioned to drop the possession charges.
Larson’s lawyer said the State’s complaint doesn’t identify any owner of the skulls and that human remains are not “property” under Wisconsin case law.
On the obstruction charge, the defense said the State didn’t show Larson intended to mislead investigators when he provided a list of where he obtained some of the bones in his collection. The criminal complaint says investigators were only able to corroborate one seller Larson provided them, who sold bead necklaces. The defense provided screenshots to show one of the businesses, Blood Moon Oddities, advertised human remains for sale.
On the bail jumping charge, the motion argued if the claim of obstructing police is insufficient, then there was no new crime on which to charge Larson with violating his bail in his stalking case.
Fond du Lac County District Attorney Eric Toney issued a statement after the hearing saying, “We will continue to work with law enforcement partners to protect sacred Tribal burial remains and the overall protection of our community.”
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