FOND DU LAC, Wis. — A Fond du Lac County judge denied an effort Friday to dismiss felony charges against Benjamin Larson, ruling human remains can legally be considered property under Wisconsin law as prosecutors continue pursuing a case tied to Native American skulls found inside Larson’s home.
What began as a preliminary hearing quickly turned into a broader legal debate over burial protections, ownership rights and whether Native American human remains discovered on private property can legally qualify as “stolen property.”
Larson, 47, is charged in Fond du Lac County with three felony counts of concealing stolen property, one count of felony bail jumping and one misdemeanor count of obstructing an officer.
The charges stem from an Aug. 14 search of Larson’s rural Fond du Lac County home during a separate Dane County stalking investigation.
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According to the criminal complaint, investigators discovered multiple human skulls, skeletal remains and what they described as a locked basement room containing altars made from human bones. The complaint also references shrines tied to serial killers including Ed Gein.
Prosecutors allege three of the skulls recovered from the home were determined through forensic analysis to likely be Native American remains.
Friday’s hearing focused heavily on whether those remains can legally be treated as stolen property under Wisconsin law.
Defense attorney Sara Christensen argued prosecutors failed to identify a lawful owner of the remains and questioned whether human remains can legally qualify as property at all.
“You can’t have stolen property without an owner,” Christensen argued in court.
Christensen also argued Larson’s family has lived for generations on property connected to Native American burial grounds and questioned whether investigators had conclusively proven the remains were illegally obtained.
At one point, Judge Douglas Edelstein described the issue as “a law school problem.”
“If he owns the property, does he own any of the remains in the earth?” Edelstein asked during the hearing, while also suggesting federal tribal or burial laws could eventually become relevant in the case.
Fond du Lac County District Attorney Eric Toney argued prosecutors believe Larson had no lawful authority to possess the remains and pointed to what investigators described as conflicting explanations from Larson about where the skulls came from.
Toney also noted investigators found the skulls inside a locked basement room and said Larson was neither a tribal member nor affiliated with the Wisconsin Historical Society or archaeology programs.
Ultimately, Edelstein denied the defense request to dismiss the charges.
“I am satisfied that human remains can be property,” the judge ruled.
The judge also found probable cause for the felony charges to proceed.
Following the ruling, Larson waived his preliminary hearing, meaning prosecutors did not have to present testimony or evidence in court Friday.
Outside court, Toney said investigators continue receiving tips from the public as the investigation expands.
“There have been a number of tips that have come in that have been helpful as we continue to move the investigation forward,” Toney said.
Toney would not discuss the specifics of those tips or whether additional charges are being considered, citing the active nature of the investigation.
Larson remains in the Fond du Lac County Jail on a $250,000 cash bond.
He is scheduled to return to court Sept. 28 for arraignment.
Larson’s attorney declined to speak with TMJ4 News following Friday’s hearing.
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