Oct. 29, 2024 4:45p
(WGTD)---A total of at least three jurors have now said they felt either bullied or unduly pressured into convicting a Kenosha teen who was accused of sexually assaulting a male classmate in a bathroom at Indian Trail High School and Academy earlier this year.
Sentencing for 16-year-old Martel Lee was delayed last week by Judge Jerad Dougvillo in order to give the defense attorney time to file a motion for a new trial and present affidavits from jurors.
Lee, who was charged as an adult, faces up to 40 years in prison.
Convictions by jury in criminal cases require a unanimous decision. Otherwise, a mistrial is declared.
Lee was convicted despite numerous inconsistencies in statements from the purported victim. In addition, the teen admitted to hearing “voices” and had falsely claimed that he had killed children in his native Columbia.
One of the jurors who regrets her decision to convict suggested that at least one juror may have been racially prejudiced.
The filed affidavits included references to a juror who locked herself in a bathroom during deliberations in order to avoid participating in the hot debate.
The after-the-fact jury regrets and admissions may not matter, according to Marquette University law school professor and former state Supreme Court Justice Janine Geske. She tells WGTD that such statements are precluded from consideration. “ What is said in that jury room in convincing each other, potentially pressuring each other, arguing with each other, yelling at each other—all of those things can happen in a jury room—the appellate courts and the legislature have said we’re not going to look at that because then every verdict could be subject to attack,” Geske told WGTD News. Exceptions include references to inappropriate outside influences, she said.
Another hearing in the case is scheduled for this Friday.
WGTD began looking into the case last month after being contacted by the defendant's mother. The investigation included securing a partial transcript of the trial and the police report. Attempts were made to contact the jurors through a letter sent to the homes of most of them. Two spoke to WGTD while a third exchanged messages before deciding not to cooperate further. WGTD wanted to learn how the jurors got past the inconsistent statements from the purported victim to reach a guilty verdict.
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