Oct. 22, 2024 4:30p
(WGTD)---Sentencing for a Kenosha teen accused of sexually assaulting a male classmate in a bathroom at Indian Trail High School and Academy in Kenosha earlier this year has been delayed in order to give the defense time to build a case for a new trial.
Tuesday’s hearing before Judge Jerad Dougvillo was the result of one juror recently saying she was “bullied” by other jurors into convicting 16-year-old Martel Lee of Second Degree Sexual Assault. “I fought for so long—as long as I could—and honestly wished I (had) fought harder,” she wrote. “Perhaps there is nothing to be done now but I would never be able to forgive myself if I didn’t try at least,” she said.
In a second letter submitted to the judge, a woman said serving on the jury was one of the most difficult things she has ever done. She asked him to treat the defendant fairly in light of his youth and the lack of strong evidence.
In addition, the prosecutor presented an anonymous statement from a juror in which the individual cited undue pressure. “I was one of the jurors who was not convinced,” the juror said. “I am still not convinced.” The statement was in response to a standard jury questionnaire that the district attorney’s office sends out after every jury trial.
Dougvillo suggested Tuesday that defense attorney Michael Barth file a long-shot motion to impeach the jury’s decision, a move that could lead to a new trial.
Barth, a contracted attorney through the state Public Defender’s Office, said he would ask the office to hire an investigator to contact each juror. The investigator is also expected to explore a report that one juror locked herself in a bathroom during deliberations to avoid participating in the hot debate.
An examination of the police report in the case shows that the victim changed his story numerous times. Several jurors contacted by WGTD said the majority overcame the weak evidence by placing greater weight on powerful testimony from the victim and his father.
Other credibility issues surfaced, including reports that the victim briefly recanted the allegations, and also presented a false claim to have killed children in his native Columbia.
Defense attorney Barth told WGTD that he believed he had presented a strong case that included references to the credibility issues. He said he was surprised by the guilty verdict.
Deliberations last August took almost as long as the trial itself. One juror suffered a panic attack. When the jury returned to Judge Dougvillo’s court to announce the verdict, several were in tears.
Another hearing in the case was scheduled for Nov. 1, the deadline given by Dougvillo to Barth to present his motion and affidavits.
Speaking to reporters after Tuesday’s proceeding, Lee’s mother, Jennifer Jones, was somewhat encouraged by the developments. “It sounds like progress but I’m not satisfied,” she said. “I feel like (the verdict) should’ve been overturned. My son is innocent. He didn’t do this.”
A former Indian Trail counselor, Charlotte Burns, says she’s convinced that the defendant—whom she counseled—was framed. "One of the things we're always doing is global assessments of the students because we're having to maintain safety for all students," Burns told WGTD News. "Martel--his profile--who he is--we would've had incidents throughout the school year if he was offending," she said.
In a letter to the judge, Burns, who was not called to testify, described Lee as being quiet, timid and respectful, traits that would seem to run counter to a sexual assault offender. Also, Burns said it would be highly unlikely that a sexual assault could occur in such a monitored setting as a bathroom in an academic wing of a large high school without anyone noticing.
In reporting the incident days later, the boy initially said the assault occurred on a day in which, as it turned out, all students were off. He then changed his story.
He also initially said it took place in an unlocked stall in the bathroom, then said the door was locked and the assailant had crawled underneath.
The boy also claimed that Lee displayed a threatening message on his cell phone, but offered conflicting statements on just where that had occurred--in the bathroom or back in class.
Reports say the boy was treated at a mental institution earlier this year after he tried to kill himself.
Lee has been in jail ever since his arrest last spring.
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