(Photo Courtesy of Mr. Lyons’ Family)
KENOSHA, Wis. — A Kenosha man who spent more than eight months in custody while facing four serious felony charges was acquitted of every charge against him after a Kenosha County jury returned not-guilty verdicts following a trial before Judge Heather Iverson.
(Photo Courtesy of Mr. Lyons’ Family)
Ike C. Lyons, 47, of Kenosha, was found not guilty Sept. 22 of repeated sexual assault of the same child, a second child sex-related felony, child enticement and causing mental harm to a child. Lyons had been held on $100,000 cash bail since his initial appearance Jan. 12.
(File Photo by Kevin Mathewson, Kenosha County Eye)
The case was prosecuted by Kenosha County Assistant District Attorney Matthew Raymond Zisi. Lyons was represented at trial by defense attorneys Zebulon Patek and Michelle M. Gardner.
Defense Sought To Introduce Prior Allegation Evidence
A significant issue litigated before the trial involved the defense’s effort to introduce evidence that the complaining witness had allegedly made a false sexual assault allegation in the past.
Court records show Patek and then-defense attorney Hunter Fite filed a motion in April seeking to admit evidence concerning what the defense characterized as a prior untruthful allegation of sexual assault by the complaining witness. Judge Iverson ultimately did not allow the defense to introduce that evidence at trial.
The issue was litigated for months. Iverson heard arguments on the motion in May and ordered additional briefing from both sides. The defense filed a reply in June supporting its request, while prosecutors opposed admission of the evidence. Iverson ultimately denied the defense motion on June 26.
The original criminal complaint also referenced the allegation about the complaining witness’s past. Police reported that Lyons and another family member claimed the child had previously made up a sexual assault allegation against a classmate. The investigating officer wrote that he searched local records but could not find records verifying that assertion.
Despite being unable to present that evidence to jurors, Patek and Gardner successfully defended Lyons against all four felony charges.
Jury Returns Four Not-Guilty Verdicts
Jury selection took place Sept. 21, with testimony beginning the following morning. Zisi called several witnesses for the prosecution, including the complaining witness and Kenosha Police Officer S. Gibbons. After prosecutors rested, the defense moved to dismiss the charges. Iverson denied the motion and allowed the case to proceed.
The defense then presented its case. Lyons elected not to testify.
After final instructions and closing arguments, jurors began deliberating at 3:49 p.m. on Sept. 22. Less than an hour later, at 4:45 p.m., the jury returned with its decision: not guilty on all four counts.
Iverson entered judgments of acquittal on each charge, ending a case that began when prosecutors filed the criminal complaint more than eight months earlier.
The allegations against Lyons had been exceptionally serious. Prosecutors accused him of sexually abusing the child repeatedly over a period of years. Lyons denied the allegations when questioned by police.
Ultimately, however, prosecutors were required to prove the charges beyond a reasonable doubt to the jury. After hearing the evidence presented by Zisi and the defense mounted by Patek and Gardner, the jury acquitted Lyons of every charge.
