Jan. 17, 2025 3:50p
(WGTD)---The 2nd degree sexual assault case against a Kenosha teen has been thrown out for good in an exceptionally rare instance of a verdict being set aside by a judge.
“You are free to go, sir,” Kenosha Circuit Court Judge Gerad Dougvillo told a beaming Martel Lee Friday. “I’m glad we’re now at an appropriate conclusion,” Dougvillo said.
As a 15-year-old student at Indian Trail High School and Academy early last year, Lee had been accused of sexually assaulting a male classmate in a bathroom at the school. But inconsistencies in the police report and in trial testimony appeared to throw the alleged victim’s story in doubt.
Still, a jury returned a guilty verdict last August. A WGTD News investigation revealed that several jurors went along with the majority, even though they believed that the state had not proven the case beyond a reasonable doubt.
Returning to court following the trial to deliver the verdict, one or two jurors were crying, one appeared to be praying, and several had their heads bowed, noted Dougvillo in his decision last year to set aside the jury verdict and order a new trial.
The reactions seemed to indicate to Dougvillo that the jurors weren’t being truthful when they responded when individually polled as to their verdict. Dougvillo said his suspicions were confirmed by affidavits and letters jurors sent in. Two jurors said they felt bullied.
In court Friday, Kenosha County District Attorney Xavier Solis, who was elected just last November, moved to dismiss, canceling the second trial, saying his own investigation turned up additional inconsistencies.
Neither the purported victim, or his father, both of whom had testified at the August trial, were in court Friday, even though they’d been notified of the proceeding. Solis said he had spoken to the victim last week.
In court after the dismissal, Lee’s mother, Jenifer Jones, expressed relief. “I’m so happy for my son that he can move on with his life and put this all behind him,” she said. Lee has enrolled in a credit recovery program to enable him to graduate from high school on time a year from May, she said.
Lee described his eight months in jail as “hell.” “I was getting bullied all of the time because of my case,” he said.
With the jury conviction, Lee had faced up to 40 years in prison.
Lee was released from jail on bond last month after the judge ordered a new trial.
At least one juror wasn’t happy with WGTD’s attempts last fall to contact jurors via letter and Facebook messenger in an attempt to explore the jury’s reasoning. “I felt it was a sensationalized attempt to revisit a stressful time, a difficult case, and make jurors feel like we made the wrong decision,” a juror said in a letter to the judge. But another juror thanked the station for its efforts. “Thank you for your important and thorough coverage and investigation. So grateful,” she wrote.
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