Chrystul Kizer is awaiting trial for allegedly murdering suspected pedophile Randall Volar. She told police that he was trafficking her for sex. You can catch up by reading a previous article we published.
Kizer and her attorneys planned to invoke a statute passed in 2007 known as act 116. The legislature created WI S 939.46(1m), an affirmative defense for trafficking victims for crimes committed as a “direct result” of trafficking. No case to date has interpreted the meaning of the scope of this defense.
A Kenosha County Judge, David Wilk ruled that Kizer could not use this affirmative defense. Her defense team appealed that ruling to the Wisconsin Court of Appeals and they won. This means that Kizer could argue to the Jury that the murder was the result of her being sexually trafficked and videotaped as a child.
Kenosha DA Mike Graveley (D) has taken heat from all over the country because of his steadfast determination to lock Kizer up for the rest of her life. This might have to do with the fact that his office is responsible for Volar’s death by not charging Volar in time for hundreds of felonies. Graveley was upset that he lost the appeal, so he appealed it to the State of Wisconsin’s highest court, The Wisconsin Supreme Court. The nearly all-women Supreme Court has not said yet if they will accept the case for review. If they do not, the appellate court ruling will stand. The state’s Attorney General Josh Kaul (D) wrote the appeal.
In this appeal, Kaul argues that Kizer’s slaying of Volar was not a “direct result” of her trafficking and the Supreme Court should clarify that 939.46(1m) does not provide a free-standing complete defense to a charge of first-degree intentional homicide.