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Men charged with digging up grave say they were arrested illegally

Three Grant County men charged with trying to dig up a woman's grave to have sex with the corpse now claim they were arrested illegally.

At a court hearing Tuesday, the attorney for Alexander Grunke, 23, said Cassville's police chief did not have probable cause to arrest his client in 2006 while checking on a suspicious but unrelated vehicle in the cemetery.

The attorneys for Grunke's twin brother, Nicholas, and Dustin Radke, 22, both said their clients were illegally arrested, too.

But prosecutors insisted the arrests were proper. The judge in the case did not rule right away.

The Grunkes and Radke are accused of trying to remove the body of a 20-year-old woman who had recently been killed in a motorcycle accident. That was after one of the men saw a photo of the woman in a newspaper obituary.

The three are charged with attempted third-degree sexual assault, attempted theft and attempted criminal damage in a cemetery.

A judge dropped the sex charges a couple years ago, saying there was no law in Wisconsin against necrophilia. But the Supreme Court disagreed and the counts were reinstated last summer.