11-27-13 judge denies writ of habeas corpus petiton for suspects in missing person case

A Fond du lac judge has denied a writ of habeas corpus petition for two Fond du Lac women arrested last week in connection with the disappearance of a Fond du lac man.  The decision by judge Richard Nuss means that Eve Nance and her sister Tina Ewell will remain in the Fond du lac County Jail until they are formally charged.  That is expected to happen by the middle of next week.

Police have referred charges of hiding a corpse and obstructing against the women.  Nance’s husband Timothy Nance has been missing since November first and police believe he is the victim of a homicide and that Eve Nance and Ewell are responsible.  At a hearing Wednesday Public defender Mary Wolfe told the court that  “police are on a fishing expedition, making the arrests while they gather evidence to develop probable cause.”    But assistant district attorney Dennis Krueger told the court the suspects have made false statements to investigators and “tried to cover their tracks.”     Judge Nuss said he doesn’t believe the women’s constitutional rights have been compromised.    The judge set cash bail at $100,000 for Nance and $50,000 for Ewell.