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Defense: Complaint in 1979 murder case should be thrown out

Posted at 7:36 AM, Mar 11, 2019
and last updated 2019-03-11 08:36:40-04

WAUKESHA, Wis. (AP) — The attorney for a Florida man charged with killing his wife in Wisconsin 40 years ago is attempting to have a criminal complaint against the defendant dismissed, saying prosecutors didn't including enough details about how they think the crime occurred.

A hearing is scheduled Monday on a motion to dismiss murder charges against 78-year-old John Bayerl in the death of his wife Dona, who disappeared from their Milwaukee area home in 1979. Her body has never been found.

The motion says the complaint doesn't rely on any new evidence like a confession or DNA match, just some suspicious statements Bayerl has made over the years.

Bayerl has been held in the Waukesha County jail on $500,000 bail since he was arrested at his Fort Myers home last month.