Oct. 21, 2024 9:30p; Edited with juror quotes added on 10-22
(WGTD)---In a highly unusual case, at least two jurors in a recent Kenosha trial are expressing second thoughts over their decisions to go along with the majority and convict a 16-year-old boy who’s now facing up to 40 years in prison for something he may not have done.
Martel Lee was accused of sexually assaulting a male classmate in a bathroom at Indian Trail High School earlier this year. But a WGTD News examination of the police report showed numerous inconsistencies with the victim’s story. In addition, there were neither witnesses nor physical evidence to present.
Yet jurors told WGTD that they overcame the weak evidence by placing greater weight on powerful testimony from the victim and the victim’s father.
The jurors also criticized the defense attorney.
Deliberations last August took almost as long as the trial itself. One juror suffered a panic attack. When the jury returned to Judge Jerad Dougvillo’s court to announce the verdict, several were in tears.
In recent days, two jurors wrote letters to the judge. One juror said she’s haunted by the case, and that she felt bullied by some of the others. "I fought for so long--as long as I could--and honestly wished I 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.
Responding anonymously to a questionnaire that’s routinely sent to jurors by the district attorney’s office, a juror repeated the same characterization of feeling bullied. "I was one of the jurors who was not convinced," the juror said. "I am still not convinced."
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.
While sentencing is scheduled for next week, the judge has scheduled a hearing for Tuesday to discuss what to do next in light of the communications.
Meanwhile, 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, 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.
According to the police report, the boy at one point completely recanted, but then returned to his original story.
Also, the boy made an unfounded statement that he had killed children in his native Columbia.
Reports say the boy was treated at a mental institution after he tried to kill himself.
Tuesday's hearing in Dougville’s courtroom is scheduled for 1:30.
Lee has been in jail ever since his arrest last spring.
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