Nov. 22, 2024 2:15p
(WGTD)---In an exceedingly rare move, a Kenosha judge has ordered a new trial for a Kenosha teen convicted of sexual assault after several jurors stepped forward to express misgivings about returning a guilty verdict.
While Martel Lee, 16, remains in custody, Judge Gerad Dougvillo scheduled a bond hearing for Tuesday morning. Assistant District Attorney Alexandra Smathers said she planned to appeal the Friday morning ruling.
Defense attorney Michael Barth said he imagined that Dougvillo's decision was a hard one for him to make. "But deep down I feel justice was served today," Barth said. "We really try to do the right things for the right reasons. And if something does not feel right it's best to start over and do it again."
Lee was accused of sexually assaulting a male classmate in a bathroom at Indian Trail High School and Academy earlier this year.
Statements from the alleged victim on the details of what had supposedly taken place were inconsistent, according to a police report examined by WGTD News and a partial transcript of the trial testimony. In addition, the victim, a recent immigrant from Columbia, briefly recanted the allegations before returning to the original story. The prosecution's case rested almost entirely on the testimony of the victim. Jurors apparently overcame the inconsistencies by placing greater emphasis on the moving testimony of the victim and his father.
Jury deliberations lasted some 10 hours--almost as long as the evidentiary portion of the trial itself. At one point, a juror suffered a panic attack and locked herself in a bathroom for a time, Dougvillo confirmed during Friday's hearing.
When jurors came back to announce their verdict, one or two were crying, one appeared to be praying and others bowed their heads, Dougvillo noted.
The case drew the attention of WGTD and Kevin Mathewson, a blogger who writes a website called "The Kenosha County Eye."
WGTD began tracking down and contacting jurors. In interviews with WGTD, two jurors admitted to having doubts about their verdicts. One said she was "bullied". Other jurors spoke up in affidavits filed with the court. The district attorney's office submitted information indicating that another juror felt "bullied."
State law says essentially that what was goes on in the jury room should stay in the jury room, with very limited exceptions. But in his ruling, Judge Dougvillo said that doesn't mean trial-level judges should absolve themselves of the responsibility of making sure justice is served. Dougvillo emphasized that he wasn't judging the defendant's guilt or innocence.
He also noted the case wasn't a situation of jurors changing their minds well after the fact--the "air of discontent" displayed by several in the courtroom as they were being individually polled was a sign that a guilty finding was not every juror's true intent. "They allowed their position to be misrepresented," Dougvillo said.
A criminal conviction requires unanimity.
Despite the expressions of jubilation in the hallway after Dougvillo's 20-minute-long ruling, defense attorney Barth said it's not over yet, citing the prosecution's interlocutory appeal.
But Barth said it's his hope that Lee will be placed under house arrest Tuesday and be allowed to return to school and graduate with his peers. Lee, who's been in custody since last spring, is enrolled in a jail-based program offered by Kenosha Unified.
"I think very highly of Martel Lee," Barth said afterward. "We have received letters from members of the community about him. I've had discussions with deputies who (transfer prisoners). And everybody has said they think very highly of him."
When it became apparent what the judge's decision would be, Lee's mother rocked back and forth in her seat, struggling to control her emotions. In the hall afterward, Jenifer Jones praised the judge's decision. "Ultimately he did what was right. He gave my son a new trial. I'm happy."
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