Legal Question in Criminal Law in Wisconsin

A good friend of mines is looking at up to 60 yrs for a rape where two unknown mens dna were found in the victims panties. But get this a mouth swab shows three unknown men's dna, but nether test were positive for suspect's dna. First case ended in hung jury but state attorney refuses to drop charges and has set date for new trial. This after one judge has stepped down from case already. His PD has asked that the case be dropped but new judge has refused. The victim, a 9 yr old has accused him and her friend on the same day says he touched her inappropiately, but the one that said he touched her and her mother have since stopped cooperating with the authorities after the evidence about the two unknown suspect's dna. A very small amount of his dna was found on alleged rape victims cheek, but he was a friend of the family who was in her house often. We have tried talking with legal aid but they say they don't handle cases of this type. Where do we start? Even to start a petition, where do we begin? This is a man's life and we don't want to wait til he is convicted to ask for help. Can you please direct us to someone who just might listen and try to help. Thank You.


Asked on 6/19/10, 8:48 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

I am unsure what you are seeking.

Certainly the charges are very serious and, as a result, require an aggressive defense. A petitoin serves no purpose and would have no impact on the charges.

The proper procedure is to file a Motion to dismiss based on a lack of probable cause. It would seem that has already been attempted unsuccessfully. As a result, the only recourse is to present a strong defense at trial, both in pretrial motions and in the case in chief.

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Answered on 6/21/10, 8:30 am


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