June 13, 2025 noon
(WGTD)---The defense attorneys in a 22-year-old Kenosha County murder filed a motion Friday to dismiss the charges against the two defendants, saying the complaint is nothing more than a rehash of innuendo and offers nothing new.
"It sets out lots of innuendo but it does not set out facts and inferences that establish probable cause that they killed David Vanderzee," the motion reads.
As a result, a joint preliminary hearing that was scheduled for Friday for John Viskocil and Roxanna Collins was canceled.
Collins remains out of jail after posting a $500,000 bond. Viskocil remains behind bars after failing to post an identical bond.
Authorities allege that the pair conspired to kill the 47-year-old Vanderzee, who was Collins’ husband at the time. Vanderzee was shot five times in the head in his Powers Lake home in 2003.
The charges were filed after investigators conducted another round of interviews earlier this year. At least one witness responded with answers that were slightly different than what she said immediately following the murder. The defense attorneys questioned why the woman’s latest statement should carry any more weight than what she said originally.
Another point of contention has to do with the discovery of a pair of guns in Viskocil's possession shortly after the murder that were of the same caliber as the murder weapon. But the defense finds fault in the fact that the complaint failed to mention whether any testing was done to determine if one of the guns was indeed the murder weapon.
The state has until July 25th to respond to the motion to dismiss.
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