Durkee modifies plea to ‘not guilty by reason of mental disease or defect’

By Kim McDarison

The Fort Atkinson woman accused of first-degree intentional homicide and arson connected with a fire on Foster Street last June was back in court Thursday. 

Elizabeth M. Durkee appeared in court with her attorneys, Amber Rumpf and Cassi Nelson, both of the Jefferson County Public Defenders Office. Appearing for the state of Wisconsin was Jefferson County District Attorney Monica Hall. 

During the status conference held Thursday, according to court filings, attorney Rumpf entered modified pleas to dual pleas of “not guilty” and “not guilty by reason of mental disease or defect.” 

Additionally, Rumpf requested that Dr. Craig Schoenecker be appointed by the court to conduct an examination of Durkee. 

According to court records, under statute 971.16, the court ordered a criminal responsibility examination of Durkee to be performed by Schoenecker on March 6 at the Jefferson County Jail. 

A status conference, at which time the court anticipates learning the outcome of the examination, was scheduled for April 7. 

Durkee stands charged with one count each of Felony A first degree intentional homicide, Felony H strangulation and suffocation, Felony C arson of a building without the owner’s consent, and Felony F mutilating a corpse. 

If convicted, Durkee faces a possibility of life in prison. 

Charges stem from a house fire which occurred on June 11, 2021. While members of the Fort Atkinson Fire Department battling the fire, it was determined that a body was inside the burning structure. 

Law enforcement later alleged that the decedent had been strangled to death before the house was allegedly set on fire. 

Durkee, her grandmother, and her 2-year-old daughter lived at the residence. According to the criminal complaint, Durkee and her daughter exited the home as the fire broke out. An AMBER alert was released later that evening by the Wisconsin Department of Justice after law enforcement officials came to believe that Durkee’s 2-year-old daughter was in danger. Durkee and her daughter were found in a hotel in Delavan and Durkee was taken into custody. 

A story about the fire is here: https://fortatkinsononline.com/body-found-in-house-fire-on-foster-street/. 

A story outlining charges against Durkee, including the criminal complaint, is here: https://fortatkinsononline.com/homicide-defendant-alleges-grandmothers-death-was-mercy-killing/.

Charred remains stand on Foster Street last summer after the home shared by Elizabeth M. Durkee, her grandmother and 2-year-old daughter succumbed to fire. After battling the blaze, Fort Atkinson Fire Department officials reported that they had found a body inside the building. File photo/Kim McDarison. 

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