Judge denies request to adjourn overdose death trial

The trial of a La Crosse County woman accused of providing a Rhinelander man with the drugs that ended his life nearly two years ago is still on the calendar for mid-February after a judge last week denied a defense request for an adjournment Defense attorney Stephen A. Sawyer made the request of Judge Mary Sowinski during a status conference in Oneida County Circuit Court Thursday afternoon. 

His client, Andrea J. Walker, 43, is scheduled to stand trial Feb. 10-12 on a charge of first-degree reckless homicide/drug delivery. 

During the status conference, Sawyer stated he would like some time to contemplate the ramifications of the state’s newly filed motion seeking to amend the charge to include the “as party to the crime” modifier.

“I don’t necessarily know that I’m on notice of what I’m defending against when it comes to party to the crime,” he said, noting that he is unsure whether the party to the crime modifier fits the fact scenario outlined by the state in the criminal complaint.

In addition, the attorney noted he is awaiting reports from expert witnesses related to discovery information the state turned over in early December. He also referenced his motion to allow evidence that a known third-party, whose DNA was found on a baggie in the deceased residence, might have provided the drugs that caused the death.

Oneida County district attorney Jillian Pfeifer and assistant attorney general Kari Hoffman objected to the request for adjournment.

Pfeifer noted that the case has been pending since July 2023 and the information regarding the DNA on the baggie has been known for some time.

The parties disagreed as to the exact timing of the disclosure.

As for the motion to amend, Pfeifer noted that the state can amend the information (the formal charging document in a criminal case) “at any point, even during trial, to conform to the evidence.”

 “And this offense specifically does allow for anyone within that chain of delivery (of drugs) to be charged as a part of this offense, so I don’t think party to the crime is really a surprise to anyone,” she added.

After asking the attorneys a number of questions about potential objections to the witness lists, and ruling on several motions in limine, Sowinski announced that she was not going to grant the request for an adjournment at this point. She directed the attorneys to confer regarding exhibits and other issues ahead of a final pretrial conference on Jan. 30 at which time she will make a final decision as to the adjournment.

As for the defense motion regarding the potential third-party suspect, Sowinski indicated she is inclined to allow the jury to hear that the DNA of a person other than the defendant was found on a baggie the deceased is likely to have handled prior to his death, but does not want the trial to become “a master class in touch DNA.”

According to the complaint, Walker is accused of being part of a drug transaction that resulted in the death of a 45-year-old Rhinelander man in January 2023, days after he allegedly traveled to western Wisconsin in search of drugs.

“A large pile of white crystalline substance” was located on a dresser and a bed in the room where (the man) was found dead, and other drug paraphernalia was located elsewhere in the residence, according to the complaint.

The complaint also details investigators’ application for and use of search warrants to obtain Facebook and phone records tying Walker to the deceased, including references to a meeting between the two in La Crosse County days before the man died.

According to the state crime lab, the man’s cause of death was mixed drug toxicity/overdose (fentanyl and methamphetamine).

If convicted of the Class C felony, Walker faces a maximum sentence of 40 years in prison.

Heather Schaefer may be reached at [email protected].