KINGSTON, Mo. (AP) — Attorneys for a Missouri 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, 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.
Nelson’s attorneys argue in a court motion filed Aug. 6 that a person who is charged with murder cannot also be charged with abandoning the corpse of the alleged victim without violating the suspect’s right to remain silent and against self-incrimination, The St. Joseph News-Press reported.
Prosecutors argued in their response filed Wednesday that Nelson could have followed Missouri law by anonymously reporting where the brothers’ bodies were located, thus avoiding concerns about self-incrimination.
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.
