Kenosha DA’s Sexual Assault Prosecutor Loses Child Rape Case, Second Loss This Year

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

Last month, after a two-day jury trial, a Pewaukee man was found NOT GUILTY of 1st Degree Sexual Assault – Sexual Contact or Sexual Intercourse w/ Person under Age of 13. John V. Schuster was fully acquitted of the charge on September 10, 2024.  After calling only a handful of witnesses, the prosecution rested. The defense attorneys, Zebulon Patek and Michelle Gardner, asked for a directed verdict because there was not enough evidence to convict Schuster. Judge Gerad Dougvillo denied the motion and the defense, seemingly so confident in its case, called no witnesses.

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Attorney Zebulon Patek
(File Photo by Kevin Mathewson, Kenosha County Eye)

The defense then rested. Just less than hour after they started deliberating, the jury came back – NOT GUILTY.

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Schuster was accused of sexually assaulting a 16-year-old girl. The Twin Lakes Police department investigated the case and Smathers charged it. Schuster faced 60 years in prison.

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Terry Rose – Defense Attorney
(File Photo by Kevin Mathewson, Kenosha County Eye)

Smathers is no stranger to losing serious sexual assault cases. Earlier this year, a Kenosha man was found NOT GUILTY of Repeated Sexual Assault of a Child, which carried with it a maximum prison sentence of 40 years. Zachery Campisi was represented by long-time defense attorney Terry Rose.

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Smathers declined comment.

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9 Responses

  1. She appears to me, to be a bit too
    feeble to stand up against the heavy hitters
    in the system.
    Find a discipline more in tune with your experience.

    7
    7
  2. CHO MOs/Rapest are the worst of the worst. NO EXCUSES. No second thoughts, no second chances.

    As a father of a 13 year old victim, represented by Alex, and after a two year fight, a three day trail and finally a conviction (this year), I must say this. I had to come to terms with this.

    Part of what makes America great is our Judicial System and everything within it. Going through the process, the accused rights seems to far outway the victims. We “supportive” victims (Father/mother/Siblings) must check their feelings/thoughts/desires/wishes as “The Process” works it way, at the speed of law. It took 2 + years . All the while Alex was there.

    Judge Dougvillo was and is patient, knowledgable, fair, Judge Most importantly he listens.

    Alex will forever have my thanks, and support. With her help, honesty, compassion, knowledge of the law, and how to handle such a messed up situation, she changed my outlook on life. Alex fought for and got, justice for my daughter.

    The Jurors returned a Guilty verdict in less than 15 minutes. And now a Convicted Felon (Sexual Assault of a child) is rotting away in state prison.
    Thank you Alex.

    Roughly 2 months after the conviction, the Chomo was sentenced. Another two months, restitution, followed 60 days waiting to see if an appeal is made. The Law has spoken and the part of our family life is finally done, although the issue will never be complete.

    The second hardest thing that I had to come-to-terms with is realizing once accused, the perpetrator has more rights than the victims.

    We all have expectations. it is easy to say things from the outside looking in. Your view can and dose change when you are knee deep the process.

    This is my personal experience.

    Thank you Alex.

    6
    6
    1. Ask Alex about how she lied to get a decorated sexual assault nurse examiner fired. She wins some cases, but she is not a good person. She was demoted at her previous job and to burn the place down, she brought two attorneys with her to Kenosha.

      14
      4
      1. DEI such as herself? Something about her picture featured here, she just doesn’t look right. As though she spotted the ice cream truck coming. You know what I mean?

  3. I would like to thank the Kenosha Public Defenders Office and the jury.
    I would also like to thank the staff within the Kenosha Detention facilities that believed in my innocence or at least treated me fairly. I was not abused, assaulted, or treated differently than any other defendant.
    This allegation ruined my life and caused the death of my stepmom as I was her caregiver and left her unassisted in her health problems while I sat 15 months in jail. I am starting over now but I have some really good friends who are helping me to build back my foundation of working, volunteering, and getting back on my feet.
    As for the case and trial…there was no negotiating for plea and all my evidence was suppressed but the truth still prevailed.
    Smathers did a good job presenting her case but the Twin Lakes Police Department ignored collaborating statements that aligned with my voluntary interrogation and ignored key facts that should have at the least broaden the investigation into the serious charge against me.
    I also volunteered to take a polygraph in the investigation stage of the charge and also in the pretrial stage. I am still willing to take a lie detector test. A jury cannot hear the results of a polygraph for in Wisconsin the jury is the lie detector and they determine the truth but if the Twin Lakes Police Department would have utilized the opportunity it would have broaden the investigation.
    I am broke, discredited, and defamed but I am free.
    Please feel free to reach out Mr. Mathewson.

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