A judge will decide whether homicide suspect George Steven Burch's lawyers can say at trial that someone else killed Nicole VanderHeyden.
Burch's lawyers need to show that their alternative suspect had the motive, opportunity, and a direct connection to the crime in order to tell the jury that someone else killed VanderHeyden at her Ledgeview home in 2016, according to Friday court testimony.
Brown County District Attorney David Lasee told a judge Friday that his office would agree that Burch met the criteria for the defense theory, but only if Burch testifies to support the claim.
Lasee declined further comment to a reporter.
A judge will decide in August whether Burch's lawyers can tell a jury their theory of the crime.
Burch's trial is set for October.
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