(Photo Courtesy of Mother)
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.
Martel D. Lee, of Kenosha, stood trial on August 13 and 14, 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.
(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 oncet, 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.)
(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.
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 she 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.
(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.
20 Responses
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.
Seems worthy of additional investigation.
Guilty ! Next.
Get smacked !! Next
Not guilty ! Next.
Not guilty dumb ass
shut up frl
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.
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
Oh you cracked the case! They should hire you, big brain.
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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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
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?
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.
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!
How do people this stupid end up on a jury?
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 …
this is NOT justice. I am NOT voting for Carli McNeill. We need major changes in the DAs office.
Hi, everybody girlfriend speaking, and everybody being negative can move around from the comments if you don’t have anything nice to say🙃🙃!