Guilty verdict in Moss case - WXOW News 19 La Crosse, WI – News, Weather and Sports |

Guilty verdict in Moss case

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Cain Moss Cain Moss
Cain Moss on the stand in his trial. Cain Moss on the stand in his trial.

LA CROSSE, Wisconsin (WXOW) - UPDATE Cain Moss is convicted of first-degree reckless homicide and party to the crime of hiding a corpse.

Jurors found Moss guilty of both accounts after deliberating for less than two hours Friday.

Moss is guilty of delivering the drugs that killed Anthony Ducharme then dumping his body at Indian Hill.

In closing arguments La Crosse District Attorney Jessica Skemp argues that Moss delivered the fentanyl and is therefore guilty of first degree reckless homicide.

Skemp defines delivery as a transfer from one person to another and says that sharing fentanyl is delivery.

She emphasizes Moss' actions afterwards and his 'consciousness of guilt', saying that Moss did not call 911 or make any action to report Ducharme's death.

Skemp says that Moss knew that if Tony's body was found at his house that the delivery and death from that delivery would be tied to Moss and his father.

Moss' attorney Candice Tlustosch says that there is no evidence he delivered the fentanyl and no DNA to prove it.

She says that while Moss did not make the best decisions, he did not hide a corpse and that he wanted Ducharme's body to be found but just not in his fathers house and that his actions are consistent with that intent.

After the verdict, Ducharme's siblings said they were happy with the result and how quickly the jury reached a decision, but it doesn't provide total closure.

"I think right now everything is just really really numb," said Jennifer Goede, Ducharme's sister. "You know in a case like this, there are no winners. The verdict isn't going to bring our brother back. Mr. Moss is going to have to live with this the rest of his life."

Moss's attorney said she was surprised by how quickly the jury came to a decision, and that her client is not the same man that was arrested.

"He's clean. He's not a user anymore. Even though he's in custody his life is on track ."

Moss is scheduled to be sentenced September 19.

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LA CROSSE, Wisconsin (WXOW) -UPDATE- The defense called a toxicologist to counter prosecution arguments in the Cain Moss trial on Thursday.

Moss' lawyer called Forensic Toxicologist James Oehldrich to testify. He told the jury that he did not believe the fentanyl to be the sole cause of Anthony Ducharme's death.

He instead stated that it may have been a possible reaction of the combination of the three chemicals found in Ducharme's system, which were fentanyl, pregabalin, and ethanol. Although, the prosecutor pointed out that of the three drugs found in Ducharme's body fentanyl was the only controlled substance.

Oehldrich said, "The level of fentanyl found in the blood sample, and it is a femoral blood sample, is in the lower half of the range used in a therapeutic dosing."

Following the testimony, the defense rested its case.  All that remains before jury deliberations is closing arguments from both sides and any instructions to the jury from Judge Todd Bjerke.

Those events are expected to happen starting Friday morning.

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LA CROSSE, Wisconsin (WXOW) - Cain Moss is now testifying in his defense that he supplied drugs to a man who died of an overdose, then hid his body to conceal the crime.

Moss' trial continued Wednesday in La Crosse County Circuit Court.  He's on trial on charges of First Degree Reckless Homicide and Hiding a Corpse. 

In his testimony, Moss described what happened that day in August, 2011 when he, the victim, and co-defendant Christina Lorenz were doing drugs that day.  Moss said that while the three were out getting scrap metal to sell for cash for drugs, the victim, Anthony DuCharme, was doing "handfuls of pills".

Moss also testified he suspected DuCharme was under the influence of crack/cocaine when the three had met up earlier in the evening.

Moss told jurors that when the three returned to Moss' father's home, they took more drugs, this time, Fentanyl. He said that after DuCharme took the drug, he sat down and started snoring. 

Moss said DuCharme took one hit of the Fentanyl, and added he and Lorenz took "four of five" more hits each in another room. He testified the pair then left the home, going to the Goodwill store and Burger King.

When they returned home, Moss said DuCharme was dead. 

Moss said he was shocked.

"I just didn't want to be there," he testified.

Both he and Lorenz panicked and left the home until he returned the next day and moved the body.  

Moss said he loaded DuCharme's body into a van belonging to Patrick Valiquette. He, his father Robert, and Valiquette then drove to Indian Hill and Red Cloud Park where Moss dumped the body over an embankment.  

Two days later, police came and arrested Moss and Lorenz in connection with the death. 

Robert Moss and Patrick Valiquette were also charged in the case. Valiquette is currently on probation, while the elder Moss served one year for his role in the crime.

The prosecution wrapped up its portion of the trial earlier in the day with testimony from the medical examiner in the case.

Moss' attorney, Candice Tlustosch, argued at the end of the prosecution's case that there was insufficient evidence given to continue the trial.  Judge Todd Bjerke denied the motion to end the trial.

Plans call for the trial to finish by the end of the week.

We'll hear from Moss later on Live at Five and the 6 p.m. Report.

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LA CROSSE, Wisconsin (WXOW) - After nearly two years, the trial is underway for a La Crosse man charged in connection with a drug overdose death.

Cain Moss is on trial on First Degree Reckless Homicide and Hiding a Corpse charges.

He's accused of hiding the body of a 41-year-old La Crosse man after the man died of a drug overdose.  Moss is accused of supplying the drugs that lead to the man's death.

Afterwards, Moss, along with three others, hid the body by Red Cloud Park.

Jury selection for the trial concluded Monday along with opening arguments in the case.  The trial resumes Tuesday and is expected to go the rest of the week.

 

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