Madison, WI (WXOW) -
A La Crosse man convicted of giving drugs to another man who later died from an overdose has had his appeal for overturning his conviction denied.
Attorneys for Cain Moss asked the District IV Court of Appeals to reverse his conviction on a First Degree Reckless Homicide charge and a charge of Hiding a Corpse. They argued that the circuit court made a mistakes in not suppressing evidence and evidentiary rulings at the trial.
In August, 2011, the body of Anthony DuCharme was found near Red Cloud Park. An autopsy showed that DuCharme had died of an overdose of Fentanyl. A tip call led police to Cain Moss, who was later arrested and charged with the two crimes. Prosecutors contend he provided DuCharme with the drugs that led to the overdose. He then took DuCharme's body and dumped it near the park.
In June, 2013, a jury found Moss guilty of the two charges. Judge Todd Bjerke sentenced Moss to eight years in prison followed by ten years of extended supervision.
In one part of the appeal, judges rejected Moss' attorneys assertions that statements made by Moss after he asked for an attorney tainted interviews with other suspects and witnesses. The judges affirmed the timeline presented by prosecutors and investigators that the other witnesses and suspects independently provided information that led to DuCharme's body being discovered.