Kenosha Judge To Sentence 16-Year-Old For Sex Crime He Says He Didn’t Commit – At Least Three Jurors Agree With Him

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Martel D. Lee (16) of Kenosha (Right) and His Mother Jen Jones
(Photo Courtesy of Mother)

***Update: a third juror has sent a letter to the judge expressing concern about the verdict.***

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On October 28, 2024, a Kenosha Judge will have to sentence a 16-year-old boy for a crime that he says he didn’t commit. At least three jurors believe the former high schooler. One juror told the DA’s office that he or she felt “bullied” to change to a “guilty” verdict. Another juror wrote a letter to the judge saying that she wasn’t completely convinced of the boy’s guilt.

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Martel D. Lee, of Kenosha, stood trial on August 12 through August 15, 2024 for two very serious crimes. Lee was charged with Felony Second Degree Sexual Assault and Felony Intimidation Of A Victim on April 25, 2024 . He faced 60 years in the Wisconsin Prison System. During the trial, the Felony Intimidation Of A Victim charge was dropped at the request of the state.

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Indian Trail High School And Academy
(File Photo by Kevin Mathewson, Kenosha County Eye)

According to the criminal complaint, he raped another student at Indian Trail High School on January 15, 2024. On February 19, 2024 the victim made a delayed report to police that Lee went into the bathroom stall after him and raped him. The victim also told police that the Lee used a translation app on his phone that translated from english to spanish to order the man to do his bidding. The victim was a spanish-only speaker and just recently immigrated to the USA. The victim, however had some credibility issues. His story changed many times. He recanted his allegations at least once, and then re-reported the allegations after a suicide attempt in which he stabbed himself in the chest multiple times and told his father he was “speaking with Satan.”

KCE was only present during the reading of the verdict. At least four jurors were actively weeping as the judge read the verdict, “Guilty.” Lee’s mother, Jen Jones was at every day of the trial and told us about many inconsistencies. “First [the victim] said my son went under the wall of the bathroom stall, later he said he followed him into the stall. He recanted his story twice. Also, [the victim] and his dad testified differently from what police wrote in their reports. First, [the victim] said that Martel threatened him in the classroom, but at trial, said it happened in the bathroom.” That’s when the state moved to dismiss the second count. The victim, who was also 16 at the time of the alleged rape suffers from schizophrenia. (KCE doesn’t usually publish juvenile mental health information, but in this case, it goes to credibility.)

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Kenosha County Circuit Court Judge Gerad Dougvillo
(File Photo by Kevin Mathewson, Kenosha County Eye)

When interviewed by a Kenosha Police Detective, the victim told him that he lied about the sexual assault. He did not know why, but he “just lied.” He was adamant that [he] was not sexually assaulted and “made the story up.”

Both the letter from a juror to the judge and a letter from a juror to the DA’s office both criticized the defense attorney, Michal Barth. “I would not say I felt forced or bullied into making a decision of guilt, but it was still so incredibly difficult and emotional to answer “yes” to agreeing to the verdict. It was incredibly difficult because I still did have questions that were just not allowed to [be] ask[ed] or have the answers to. I was, however, unsure and unsettled, that Martell had the best representation,” wrote a female juror.

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The other juror wrote, “I was one of the jurors who was not convinced. I am still not convinced. I felt bullied by other jurors who felt so strongly for a ‘guilty’ verdict. They eventually wore me down. Defense should have had a better case. He needed to poke holes in the states case. I believe if there was a better prepared defense attorney the verdict could have easily been ‘not guilty.’ “

KCE also spoke to multiple jurors including one that was on the “guilty” side. She said the jurors that thought Lee was not guilty said there wasn’t enough evidence. The woman, in her 20’s, said the jury was close on multiple occasions to telling the judge that they were “hung.”

Smathers wrote to the court that she believed the two jurors were one in the same, despite the stark contrast in messaging.

Kenosha County Assistant District Attorney Alexandra Smathers
(File Photo by Kevin Mathewson, Kenosha County Eye)

KCE asked Smathers for comment and didn’t immediately hear back. Local attorneys told us that the judge could issue a mistrial, or the case could be appealed on ineffective assistance of counsel. Dougvillo set a hearing for October 22, 2024, six days before the sentencing. He might seek input from the defense and prosecution about the issue.

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100 Responses

  1. This kid probably made up the story as part of an effort to get a U-visa which allows are legals to obtain a visa when they are alleged victims of crime.

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  2. This case should have never been brought to trial or even charged by the DA’s office. Even if these unbelievable allegations are true, why are the prosecutors set on sending a teenager to prison for decades and putting him on sex offender registry for life. There needs to be more discretion in charging decisions. Jurors also don’t get to know the potential outcome of the case they’re deciding. These cases often result in life sentences if convicted. Some are justified, many are not. It should be extremely concerning that that these cases often have no physical evidence and are based solely on the testimony of a child, who may have mental health concerns or a history of lying that the jury doesn’t get to hear.

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    1. Jurors are not allowed to know of the sentence range if a defendant is convicted.

      The problem in this case is that there is a legal rule about impeachment of a jury’s verdict. That’s why judges poll the jury before jurors are released. There have been times when a juror will say that they don’t agree with the verdict and the judge does not accept it.

  3. There was no school on January 15 because it was Martin Luther King jr day it should have been a proper investigation from the beginning however it wasn’t

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      1. Who tf are you Bitch!!!! To bring your trolling ass over here bumping your gums… this is a serious matter , problem and concern. Very sensitive topic and case . Because yo momma ain’t love yo white ass enough nor care for u bitch don’t come on here with that bullshit because he is mf INNOCENT and maybe they should hire her she did a better job investigating her son case !!!! Better than the mf police , detectives, prosecutors and that mf judge. No CHILD I DO NOT CARE WHAT COLOR HE/SHE IS should loose his/her life because of the color of his / her skin he can’t help that’s the color he was given. We shouldn’t be paying attention to color no got damn way it is very disgusting pay attention to the mf facts !!!!! Now bitch go find u some mf business.. signed a mad BLACK relative

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          1. When you bring your white ass on here with that white cracker bullshit you just might see /get bitten you keep playing . All u wanna do is troll and try to get us out of character and unfocus on what the real issue is here

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              1. Small lips
                Little teeth
                Police
                Police
                Scary
                Can’t stand up for your self
                Anonymous ass
                HAVE A NICE DAY @ Straight White Man😁😁😁

              2. You really want some attention that bad you get on here every day since this story has been posted to say ignorant things. Do you know him? Do you know what happened? He’s definitely not a rapist. Please move the fuck around.

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          1. No we’re in the United States we’ll speak what ever we want especially Spanish because you guys love it so much 🤣

        1. His relatives coming on here and talking all hood and perpetuating the stereotype isn’t going to help this kid’s cause.

          So the relatives should probably STFU, and I mean this out for the kid’s better interest.

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            1. When you come on here and talk hood….then people are going to assume he is also hood and then people won’t give a shit whether he is guilty or not because they will assume he is a POS anyways.

              So, again, come on here and speak intelligibly and it will go a long way.

              1. Suck a d*ck! Did you get that? Was that intelligible enough? Idgaf who on her thinks he is guilty or innocent. Unless one of you racist fucks Kevin keeps allowing to be racist is the fucking judge, then it doesn’t really matter, now does it? Assimilate or die, huh? Fuck off, lame ass

      2. What part of that person’s statement didn’t you understand, pea brain? The date of the alleged crime was January 15th, 2024. Kenosha Unified School District was closed in observance of the Matin Luther King Jr holiday. How can the crime occur if no one is at school that day? Yet, you felt the need to make a sarcastic comment. Well, part of your comment is correct. They should have hired this person because it sounds like they figured out a hell of a lot more than the people working on the case!
        To this young man and his family, stay strong and keep fighting. People are listening.

  4. Just like Wisconsin, hes black and they see money by putting him in the prison system. I believe and know this without a doubt. Freeyoungblackson

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    1. Where are Bergs charges? Why is Enright only charged with Disorderly Conduct? Why did Steinbrink get a HUGE break? Why were Joel Trudell charges dismissed? Why wasn’t the woman who killed her baby charged? Ask yourself why? Or is it obvious why the DAs office picks and chooses who to prosecute?

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      1. Lord have mercy. You really can’t make this shit up. This country is going to absolute shit because people are incapable of critical thinking. Can we did the community of hive mind people? Ones who believe everything they hear and read in their little Bubble? I hope you never recreated.

  5. This case involving the 16-year-old boy and the way the legal system in Kenosha County is handling it. I feel strongly that racial bias and systemic corruption are influencing the outcome, with key institutions like the courts, police department, and the state’s attorney acting unjustly. I am calling attention to how the jurors are being pressured to deliver decisions that align with the interests of these institutions rather than what is right or just. My plea is for justice, fairness, and accountability, particularly in this case, where I believe the young boy has been falsely accused. I want his voice and innocence to be protected, and for true justice to be served on his behalf.

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    1. No, no, no. There’s no racial bias. The DA is filled with democrats. They aren’t racist. It’s the REPUBLICANS who are racist.

      Thiccccc with sarcasm, here.

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  6. This family is going to get payed good money once shown not guilty, because they are falsely accusing a young BLACK man for a crime he didn’t commit!

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  7. My brother not guilty thanks !! Don’t come on here with any negativity tf wrong wit y’all 😂 yall obviously don’t got no common sense …

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        1. Unfortunately, you should prefer what he said over your own statement. You used what’s called a double negative. When you say “don’t got no”, the don’t and no cancel each other out so you are actually saying they have common sense.
          That said, unless there is something substantial that was omitted from this article, I feel there has been a serious miscarriage of justice. I don’t understand how any juror could find that there was enough evidence to find him guilty beyond a reasonable doubt. I hope that the Judge in this case will right this wrong before it gets to sentencing. Unless the numbers have changed, less than 5% of appeals win under ineffective assistance of counsel. The burden will fall on your brother to prove that had certain things been done in the first trial, the outcome would be different. The court system doesn’t like to find that one of their local attorneys was ineffective.
          I agree with one of the other commenter on here that said that the attorney should have taken your brothers phone into that bathroom to see if it even worked inside of the bathroom. However, I question things a little further and wonder why the detectives didn’t do this during their investigation as well as a search of the phone to determine if a translator app was ever used during this time period. They can forensically examine phones to determine date and time stamps of app usage. To suggest that he used a translation app to command actions in a high school bathroom seems absurd to me. What about the hallway cameras? It sounds to me like his attorney didn’t do much of anything to defend his case. I sincerely hope that this is resolved prior to sentencing because the appeals process is long (2-3 years) and again, he’d be relying on a public defender assignment. I don’t think race plays a significant role in the verdict. Unfortunately, it’s the charge itself that flips the burden to proving one’s innocence rather than finding someone guilty. In the interest of justice, I hope this verdict/case is examined closely.

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  8. Hi, everybody girlfriend speaking, and everybody being negative can move around from the comments if you don’t have anything nice to say🙃🙃!

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    1. Boom!
      This comment right here hit the nail on the head. If you all, democrat or republican think this kid is not guilty, you bestvthink about who you are voting for come November. Kamala, our border car, let this kid and family in and our wannabe D.A. is siding with an ILLEGAL and ruining a young black kids life.
      Vote the right way come November or you are going to see more of this and you will really become outraged, if you arent already.

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      1. Came to say the SAME thing! An illegal alien is ruining an AMERICAN’S life. White or black this is disgusting! No 16 year old of any color should be treated this way over someone who is a noncitizen. Just disgusting, I hope they truly investigate more, how sad.

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            1. You spelled “I fuck couches” wrong. You little butt fucker. Just tell the truth. You started with the large anal beads and LOVED it.

  9. Does the school not have cameras? I feel like there is so much missing from this case. I hope they fight this guilty charge.

    Completely unrelated and I know this is not even Kenosha related – but would you do an article about the Racine County Executive race? One of the candidates and the current Racine County Clerk seems like she is not being transparent. You can’t find any information on the website regarding the elections. The Racine County Clerk is stuck in the past. Doesn’t allow for same sex couples to apply for marriage licenses. Is not transparent about who is running for Racine County positions or if they have filed any papers. If she is elected for County Executive it would be a win for the County Clerk’s office but a huge loss for Racine County. The previous County Executive did a great job at moving Racine County forward and I believe Wendy will only move the County backwards. We need someone like Kevin in Racine County holding these elected officials accountable.

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      1. This kid will have his life in the hands of an underpaid, understaffed publicly appointed attorney. The appellate process takes 2-3 years. Will his phone be active to see if it even works inside of the bathroom? Did the detectives look into this during their investigation? If so, was that exculpatory evidence turned over to this kid’s defense lawyer? Dont put it past the DA’s office to “misplace” information that helps a defendant and then say “oops”. Will the app usage info still be available by the time this case gets assigned and the attorney finds time to look into things that will provide a defense. Time is not on his side.

  10. The alleged victim should have a mental evalution to determine if he is credible. Schizophrenia is a serious mental illness that causes hallucinations and hearing things

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  11. How how and how im not surprised though it is Kenosha Wisconsin and they definingly try and railroad folks due to color its like the darker they are the more money the state gets paid to lock them up.

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  12. So what happen to the teacher micheal that had relationship with a 16 year old girl he bonded out and nothing else happen and he is guilty but you put a 16 year old in jail ready to send him to jail where is the fairness throw this young man case out

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    1. And that Racine people with the kids they had commit incest. Kenosha DA is a joke. They proof to put people behind bars and instead they are out living their lives. This poor kid has no case and he’s going to jail.

  13. Really!!! Used an App to communicate…bullshit! What to say I’m going to rape you! Get f’n real here. The boy TOLD a detective he lied…so now y’all don’t believe your own detectives! NOT GUILTY….period!

    1. I’ve been in few of the high schools around Kenosha and struggle to get any service, so the likelihood that a translator app woulde work in a bathroom is very unlikely. Maybe those who are investigating should take the kids phone into “said” bathroom and see if it acutally gets service. Tf there is no service, that would speak volumes in the defense of the young man who is being accused . While there is an option to download some languages offline, it usually costs money and most people don’t actually have that use it enough to go that route. I would think someone on his defense team would have thought this obvious detail through.

  14. Kevin your so disgusting for posting his picture on here also he is still a minor at the end of the day, it doesn’t matter who else posted it but it definingly shows your disgusting character as a human being you’ll talks so much about protecting children yet here we have a fake ass journalist putting up a Childs picture. Oh but he’s African American so lets plaster him all over. i cant stand Kenosha people.

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    1. The mother gave me permission. PLUS, he was charged as an adult so I have his mugshot too but did not post it. It was provided to me by the Sheriff’s Department. Do you think the Sheriff’s Department broke the law? Don’t come on here and talk shit when you have no idea what you are talking about.

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      1. The biggest shit talker in this shitty as town is calling someone a shit talker Hahaha…The sheriff departs breaks laws all the time they profile folks and hide shit all the time so that was the wrong question. Oh and i can talk shit because its my mouth. Charged as an adult of course they love to do it in Wisconsin such a racist ass state full of racist bigots!!!!!!

        1. It seems like you are not understanding what I’m saying. First of all, it was a Kenosha Police arrest. The Kenosha County District Attorney’s Office, ADA Smathers took this to trial. I personally believe in Lee’s innocence. Why do you have to resort to such hostility? Do you think I’m racist becuase I believe this kid is innocent. Do you believe I’m racist for raising awareness of this issue? Do you think I’m racist for asking his mother for a photo that wasn’t his mugshot was racist? Help me understand.

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          1. Everything is racist when they don’t get their way, or lose an argument. Don’t bother reasoning with them. It’s a lost cause

            1. That’s the only factually correct thing that Straight White Male has said on here. Everything else has been racist bullshit.
              This is correct though. You can present facts. You can also personally believe that Lee is innocent. His own mother can provide you with a photo so that a mugshot does not have to be used. Liberals will label you a racist anytime prove them wrong.

            2. You already wear being racist as a badge of honor. Just so you know, arsenic is completely safe to guzzle, twatwaffle

  15. Something about this story just doesn’t add up. I have been on a jury, and I sure as shit would not be bullied to vote against my beliefs, even if it resulted in a hung jury.

  16. I’ve been in few of the high schools around Kenosha and struggle to get any service, so the likelihood that a translator app would work in a bathroom is very unlikely. Maybe those who are investigating should take the kid’s phone into “said” bathroom and see if it acutally gets service. If there is no service, that would speak volumes in the defense of the young man who is being accused . While there is an option to download some languages offline, it usually costs money and most people don’t actually use it enough to go that route. I would think someone on his defense team would have thought this obvious detail through.

  17. Kevin – if you didn’t watch the trial and therefore didn’t see any of the evidence, how can you form an opinion about the veracity of the verdict?

    1. Dear McNeill supporter and DA insider: I read the police reports, spoke to witnesses, and spoke to jurors. Can I not form an opinion? Are opinions not allowed in the USA? Do you hate the first amendment?

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    2. Because there wasn’t any evidence and it’s a such thing called Transcripts Of the trial on top of that the original police report you people are something else

  18. Lets pray for a mistrial. The kid is NOT guilty. They are taking the word of a kid that has mental health issues? And that has changed his story more than once! Shame on all involved for even making it as far as it did in this effed up legal system.

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