Kenosha judge orders new trial after jurors express doubts

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, who was charged as an adult, 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. 

In his ruling, according to court records, Dougvillo found good cause existed to vacate Lee’s conviction, declare a mistrial and order the case to be retried.

Defense attorney Michael Barth said he imagined 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 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 at the August trial 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.

In interviews with WGTD after the trial, two jurors admitted to having doubts about their verdicts. One said she was “bullied.” Others 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 goes on in the jury room should stay in the jury room, with 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 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, saying 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 School District. 

“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,” she said. “He gave my son a new trial. I’m happy.”