KANSAS CITY (AP) — Attorneys for a man accused of killing two brothers from Wisconsin are seeking to have two charges of abandoning a corpse dismissed in the case.
Garland Nelson, of Braymer, Mo., is facing the death penalty in the deaths of 24-year-old Justin Diemel and 35-year-old Nicholas Diemel, of Shawano County, Wisconsin. They disappeared after visiting Nelson's farm in July 2019 and their burned remains were later found in Missouri and Nebraska.
Nelson has pleaded not guilty and is awaiting trial.
His attorneys wrote in a court motion that two charges of abandoning a corpse filed against Nelson should be dropped. They argue a person charged with murder cannot also be charged with abandoning the corpse of the alleged murder victim without violating his constitutional rights.
Prosecutors argue Nelson could have followed Missouri law by anonymously reporting where the brothers’ bodies were located.
Nelson’s next court date has not been scheduled because of COVID-19 restrictions. He is asking to appear in person at all court hearings and his defense team is seeking to meet with him in person at the Caldwell County Jail where Nelson is being held.