Kenosha teen released on bond after conviction thrown out

A Kenosha teen who had his conviction on a sexual assault charge set aside by a Kenosha judge last week was released from jail Tuesday morning pending a possible second trial.  

Circuit Court Judge Gerad Dougvillo ordered 16-year-old Martel Lee’s release on a $10,000 signature bond. 

Last week, Dougvillo said that he was convinced that some jurors — based on their reactions in court — had misrepresented themselves when responding affirmatively to Dougvillo’s individual queries at the end of the August trial on whether they agreed with the decision to convict. At least one juror was crying, one appeared to be praying and several bowed their heads.  To convict, a unanimous verdict is required. 

In subsequent letters and affidavits to the judge, several jurors said they were unduly pressured into a guilty verdict. 

On Nov. 22, Dougvillo declared a mistrial and ordered a new trial. 

Lee was charged as an adult after he was accused of sexually assaulting a classmate at Indian Trail High School earlier this year. He spent the last eight months in jail. 

Assistant District Attorney Alexanda Smathers said in court Tuesday that the state is still exploring whether to appeal last week’s ruling in a case in which Dougvillo himself said was “exceptionally rare.” 

At Tuesday’s bond hearing, Smathers argued for continued incarceration, citing the gravity of the charge and unspecified allegations that Lee’s family had harassed the alleged victim’s family. But Lee’s new defense attorney, Carl Johnson, noted there were no allegations that Lee himself had orchestrated any of the alleged harassment. Lee’s mother, in a brief conversation with a reporter afterward, denied the allegations.

Dougvillo told Smathers that he would expect that police would be asked to investigate. 

The conditions of Lee’s bail include that he not have any direct or indirect contact with the victim and his father, abide by a 10 p.m. curfew and obey his mother. “Her house rules are the rules of this court,” Dougvillo said. 

A status hearing was scheduled for Dec. 18.