A Two Rivers man accused of having sexual contact with underage volunteers at the former Scare USA haunted attraction will not have his case dismissed.
Court records show that 38-year-old John Schwarz asked for the dismissal of his case during his pre-trial hearing.
The motion to dismiss was for “spoliation,” which in this case is the defense’s claim that they weren’t shown evidence used in the case before trial.
Attorney Louise Barrett argued that a discovery was not received by the defense and therefore called for the dismissal.
After hearing arguments from the Manitowoc County DA’s Office not to dismiss the case, Judge Jerilyn Dietz ruled that the defense claim didn’t reach the level of spoliation and denied the motion to dismiss the case.
Schwarz is facing charges including repeated sexual assault of a child, 3rd-degree sexual assault, exposing genitals to a child, and causing mental harm to a child.
His first day of trial is set for October 15th.
