Dec. 18, 2024 11:50a
(WGTD)---The state Department of Justice has declined to appeal a Kenosha judge's order that set aside a jury verdict in a case in which several jurors expressed misgivings over their conviction. The decision appears to clear the way for a second trial.
The case of 16-year-old Martel Lee has been watched closely by WGTD.
Lee was accused of sexually assaulting a classmate in a bathroom at Indian Trail High School and Academy earlier this year. The purported victim told varying accounts of what had supposedly happened and at one point recanted the allegations altogether.
The case went to trial last August.
During the deliberations, one juror suffered a panic attack. When the jury returned to court to announce the second degree sexual assault conviction, one or two were crying, one appeared to be praying and several had their heads bowed.
Those reactions--coupled with subsequent affidavits and statements from several jurors saying they were pressured into agreeing to convict--was enough for trial judge Gerad Dougvillo to eventually order a new trial. A verdict that's unanimous is required in order to convict.
Instead of looking at a maximum prison term of 40 years, Lee, to the relief of his mother and a band of community supporters, was released on a signature bond to await the new trial.
In his ruling last month, Dougvillo called the case highly unusual, but said he was bound as a trial judge to call out any perceived miscarriages of justice. Dougvillo made clear he wasn't judging the defendant's guilt or innocence, but said he was convinced that several of the jurors did not express their true feelings when they were individually polled at the end of the trial.
In court Wednesday, the judge scheduled the new trial for Feb. 17th.
The case will proceed with a roster of new attorneys. The state's Public Defender's Office has assigned private-practice attorneys Carl Johnson and Pat Cafferty. According to online court records, newly-elected Kenosha County District Attorney Xavier Solis will handle the case for the state himself.
Following Wednesday's status hearing, defense attorney Johnson said he was pleased with the DOJ's decision.
The DOJ, which would handle any appeal on behalf of Kenosha County, did not immediately respond to an email requesting comment.
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