(Photo by Kevin Mathewson, Kenosha County Eye)
A Kenosha Judge today held a special hearing to address an issue in which two jurors sent letters to the court and the District Attorney’s Office signalling that they didn’t agree with their guilty verdict rendered on August 15, 2024, for Martel Lee, 16, of Kenosha. A third letter was received before today’s hearing. Barth asked for a mistrial, but the judge denied it because there is no case law that supports declaring a mistrial after a verdict is received.
(Photo by Kevin Mathewson, Kenosha County Eye)
Lee was supposed to be sentenced on October 28, 2024, but today, Kenosha County Circuit Court Judge Gared Dougvillo delayed the sentencing. He gave defense attorney Mike Barth 10 days to file a motion to impeach the jury’s verdict. Although Judge Dougvillo is stoic, he appeared to have some sympathy for the defendant. In his analysis, he cited a case, Wery, that Barth can use as a basis to impeach the jury’s verdict. It’s comes with a high bar, is difficult to prevail, and it is rarely attempted.
(Photo by Kevin Mathewson, Kenosha County Eye)
Kenosha County Assistant District Attorney Alexandra Smathers opposed a new trial and that is typical for her win-at-all-cost approach to her role as an ADA that landed herself a demotion and seemingly, cost her prosecutor job in Sheboygan county.
(Photo by Kevin Mathewson, Kenosha County Eye)
Attorney Barth has asked the State Public Defender’s Office to appoint a private investigator to attempt to obtain sworn statements from the jurors who wrote the letters. Today, KCE learned of a fourth juror who also felt bullied into giving a guilty verdict.
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. All mentioned a juror who locked themself in the bathroom and refused to deliberate.
Lee 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.
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.” The victim, a non-citizen, also told police that he committed multiple murders in his home country of Colombia. Barth told KCE that a victim of a crime in the US can cause one to be given more time here or a quicker path to citizenship.
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.)
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.
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.’ “
Barth noted today that he believes the jury shifted the burden, unfaily to him. “The burden is on the state. Not me. And those holes they say were poked in the case? I poked them.”
Smathers wrote to the court that she believed the two jurors were one in the same, despite the stark contrast in messaging.
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.”
On October 18, 2024, a third juror told the judge in part:
“I should have written this letter sooner but I didn’t know exactly what to say and how to say it. Simply put, this case hunts me everyday. As you may recall, we had a somewhat long deliberation. Me, along with several other jurors believed he was “not guilty…” Something was missing – some things didn’t just make sense. I fought for so long – as long as I could and honestly I wish I fought harder… At one point, directed to some of us jurors who are not guilty, someone said ‘well don’t make a decision, we’ll make it for you and then we can all go home.’ I cannot believe this was said. Anyways, fast forward – I felt I was eventually more down and ‘bullied’ into verdict. I know there may not be anything I can do about it now. I could have said ‘no’ in court… Perhaps there is nothing to be done now but I would never be able to forgive myself if I didn’t try, at least.”
Today, KCE heard from a fourth juror today that said she read our story and felt the need to tell us that she also felt bullied into a guilty verdict. That’s now one third of the jury that believed Martel is “not guilty.”
KCE asked Smathers for comment and chose not to talk to KCE.
Martel Lee (16) of Kenosha Leaving Court Today
(Photo by Kevin Mathewson, Kenosha County Eye)
39 Responses
Explain to us all how an over 6 foot tall over 200 lb victim is physically overpowered by a 150lb skinny kid. All this allegedly happened in an occupied school during the day, and nobody heard a sound or struggle? I’m surprised there were only 4 jurors who weren’t totally convinced.
Guilty lock that piece of trash up
You are the piece of trash for even coming on here for attention you don’t know my son you don’t know his story so how about you go find something else to do for some attention you stupid stupid person
My heart goes out to you. Praying you and your son will be able to go on with your lives and heal from this nightmare.
I know his type
Your not his mother you liar
Lets lock you up for something you didn’t do and then lets watch you fight for your innocence while we shout lock you up get a life Talk to God you seem to need him and his Love!
Get a life
The problem of wrongful convictions is real.
People who study the phenomenon believe 4% to 6% of the U.S. inmate population has been wrongfully convicted. Since people of color are wrongfully convicted at higher rates, many dim-witted people, like you, don’t care.
It can happen to anyone. Yes, it can happen to you. Then you will change your toon.
I am his sister !! You da piece of trash speak on what you know not Whatchu think which is nothing thank you 🙌🏾
Yeah but who’s your daddy?
Please, Father’s Day is the most confusing day in the ghetto.
You don’t even know what happened you just sick asf
goofy
You mean the four jurors who convicted him?
He is innocent…..POINT BLANK! That other child needs help!
Guilty as hell
Innocent as hell . Your racist and it shows you don’t even know the full story to even be saying someone is guilty do your research dumb ass.
Innocent as hell . Your racist and it shows you don’t even know the full story to even be saying someone is guilty do your research dumb ass. Now find you something to do white racist piece of shit kindly from a black women😁 now I’m being racist you gone learn and I can’t wait to see your downfall bastard.
FREE THE INNOCENT! You white racist peace of 💩 and fuck the system now what bitch now you go and make a joke about that. AND YES IM MAD don’t nobody reply to my shit because I’m angry and will treat ANYBODY and they momma. this white racist b!tch keep talking shit and nobody’s saying anything half of y’all under here knows this case is bullshit. Now have a nice day I will be back to check some more people ‼️.
And one more thing if anybody got something slick or racist to say you can go drop ☠️ right the fuck now!
Im not saying he’s guilty— it would definitely seem as though he’s innocent. But, let’s get real, here. To start throwing around racism when someone says “guilty as hell” is a bit far fetched. You have no clue as to the race of the commenter or the reasoning behind the comment. Automatically going to “racism” is why no one takes ACTUAL racism seriously, anymore. It’s thrown around randomly as a buzzword with zero meaning behind it.
Ignorant? Ok.
Poorly-informed? Sure.
Misled, misunderstanding of the situation? Yep.
Racism? Weak argument.
I certainly hope you further your education, holy shit.
Oh please shut up
Why is the judge giving the defense case law suggestions? Seems strange. the scales of justice are far from balanced especially for colored folks
Wow! You are a POS. Maybe the judge is concerned about justice. I assume it would be ok with you is the judge gave this tip to a white defendant. So “colored people’” can be wrongfully convicted? That is exactly what you are saying.
Someday those “colored people” in that shithole country you moved to will figure you out. They may then turn on you. That will stop you from being such an ass.
Why do blacks kill blacks in Chicago non stop?
The judge actually said the area of law is not well developed and gave both sides a chance to weigh in. Judges do that all the time.
These Judges and lawyers play fast and loose with peoples lives and then wonder why a jury can’t come to a conclusion based on the evidence, or lack there of.
Barth is an arrogant hack. He thinks quite highly of himself, but is really an awful defense attorney.
Damn feel sorry for this young man if he is truly innocent, but even if he is proven innocent, this will haunt him for the rest of his life.
what percentage get off for crimes they really did commit?
Look at that smug look on his face. He thinks he’s above the law
You are so full of crap!!!
Colombia, not Columbia.
“Barth told KCE that a victim of a crime in the US can cause one to be given more time here or a quicker path to citizenship” this is a true statement and it this will not be the first time we see this in the news. News reports around the country have stated that this is well known within the immigrant community. If this is true and this young man was set up he needs to be released and the Barth needs to be charged with filing a false police report.
That case is a classic example of what THE WATCHER has observed over the years. I bet the District Attorney’s office-Victim Witness department called the shots for the prosecution. I always thought there were ethics that you don’t prosecute unless you know you will get a guilty conviction. Bet the old witch in that department called the shot!
I don’t care what anyone says, my white ass says he should be freed immediately. According to another source below, the ‘victim’ changed his story numerous times Zero credibility, lies are hard to remember, the truth is not.
Free this young man and be sure to hire an attorney to have the arrest removed from any future FBI background checks as this will show up and any future employers will hold it against him even if found innocent. DROP them charges!
An examination of the police report in the case shows that the victim changed his story numerous times. Several jurors contacted by WGTD said the majority overcame the weak evidence by placing greater weight on powerful testimony from the victim and his father.
THANKK YOU! Free this young man fast.