Found Deceased WI - Iliana Lily Peters, 10, left aunt's, didn't arr hm, bike fnd, Chippewa Falls, 24 Apr 22, *14yo charged* #2

Juvenile Justice Reform Efforts

Unfortunately for young people and their parents, Wisconsin is one of only nine states in the nation in which all 17 year-olds are automatically treated as adults in the criminal justice system.

You’re an adult for punishment purposes, but nothing else. This get-tough regime enacted in 1996 flies in the face of fairness, common sense, psychological and sociological studies, and the reality recognized by the majority of the United States Supreme Court in Roper v. Simmons, 543 U.S. 551, 569 (2005).

[A]s any parent knows and as the scientific and sociological studies . . . tend to confirm, “[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.” . . . (“Even the normal 16–year–old customarily lacks the maturity of an adult”). It has been noted that “adolescents are overrepresented statistically in virtually every category of reckless behavior.” . . . In recognition of the comparative immaturity and irresponsibility of juveniles, almost every State prohibits those under 18 years of age from voting, serving on juries, or marrying without parental consent.

The State Bar of Wisconsin and one of the authors of this blog when he was on the Board of Governors vigorously pushed for enactment of the Second Chance Act, which would have returned most 17 year-olds to juvenile court jurisdiction.

Despite bipartisan support for this real reform to undo the harmful aspect of the 1996 law, the bill did not get through the Wisconsin Legislature.

Recently, the Legislature took some minor steps to address changes to state’s juvenile detention system due to reports of inmate abuse and unsafe conditions at the state’s only juvenile corrections facility.

A bill was passed that will place serious juvenile offenders in a new juvenile prison that will be overseen by the state Department of Corrections.

Juveniles who are charged with less serious offenses will be placed in secure residential care facilities, which are intended to allow offenders to remain closer to their homes and provide them with the resources and stability they need. Much more needs to be done to protect the best interests of Wisconsin children.

 
Bringing over a late, relevant post from thread #1:


11/30/22

[..]

In Wisconsin, children and teens can automatically be charged in adult court, depending on their age and the severity of what they are accused of doing.

Many other states have moved to limit trying children in adult courts, recognizing a child’s brain has not fully developed.

Here's what to know about Wisconsin's juvenile criminal laws:

When are children and teens charged in adult court?​

In Wisconsin, everyone age 17 and older automatically is charged in adult court. The state is one of only three that require all 17-year-old defendants to be charged as adults.

State law also requires children as young as 10 to be charged as adults for certain serious crimes, at least to start the case. Those crimes include first-degree intentional homicide, first-degree reckless homicide and attempted first-degree intentional homicide.

Lesser charges, such as attempted first-degree reckless homicide or attempted second-degree intentional homicide, start in juvenile court.

What's the difference between adult and juvenile court?​

Adult court carries much longer terms of confinement than juvenile court, which focuses on rehabilitation and offers more services.

State law also offers more privacy protections to children and teens charged in juvenile court and allows for the withholding of defendants' names to the public. In adult court, a defendant's identity is made public with the issuing of charges.

If a case starts in adult court, can it be moved back to juvenile court?​

Yes, and that process is called a "reverse waiver."

To successfully move a case from adult to juvenile court, a juvenile must prove three things:

  • They cannot get adequate treatment in the adult system;
  • Moving the case to juvenile court would not "depreciate the seriousness of the offense;"
  • And staying in adult court is not necessary to deter other children from similar offenses.
[..]

What are some examples in Wisconsin of children being charged with homicide or attempted homicide?​

In 2014, two 12-year-old girls were charged as adults with attempted first-degree intentional homicide in the stabbing of a classmate. The girls told police they were trying to appease Slender Man, a fictional internet character they believed could kill them or their families.

Despite efforts to get their cases moved to the juvenile system, both girls were tried as adults. Both were found not guilty by reason of mental disease or defect and were committed to secure mental-health treatment centers. One of the girls has since been released and will remain under community supervision by the state until she is 37.

[..]

How unusual is it for a young child to be charged with homicide?​

In 2018, a criminologist from Northeastern University told the Associated Press there were only 44 children age 10 or younger who were believed to be responsible for homicides in the U.S. from 2007 to 2016.
 

In comparison to most states, Wisconsin is an odd duck with juvenile proceedings.

Wisconsin Statutes section 938.183(1)(am) gives the adult court jurisdiction over all persons ten years or over who attempted or committed first-degree intentional homicide (“Class A” felony), first-degree reckless homicide (“Class B” felony), or second-degree intentional homicide (“Class B” felony).

While in most states the decision is whether or not to try the defendant as an adult, in Wisconsin, it becomes whether or not to charge all persons ten years or over (charged with Class A, B, felony) as a juvenile in juvenile court.

I've never followed a juvenile case under this law so not sure what to expect as to mitigating factors typically allowed here. :eek:

The defense counsel for the accused has a busy trial calendar this fall and sounds like the petition hearing could be delayed until 2023.

I did find a few references to read up on:

https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=5307&context=mulr

COURT OF APPEALS

https://docs.legis.wisconsin.gov/statutes/statutes/938.pdf
 

By WEAU Staff
Published: Nov. 1, 2022 at 4:01 PM PDT

CHIPPEWA COUNTY, Wis. (WEAU)- Court documents show the Chippewa County district attorney is requesting a status conference in the case of the teenage boy accused of killing 10-year-old Iliana “Lily” Peters.

Currently, the next hearing in the case isn’t scheduled until Aug. of 2023.
In a letter to Judge Steven Gibbs, District Attorney Wade Newell states, “The state requests that the matter be set for a scheduling conference to determine if the Reverse Waiver Hearing can be set for earlier dates.” The letter goes on to state, “Both parents of the victims have reached out to the State requesting that the Reverse Waiver Hearing be set for an earlier date.”

In response to Newell’s’ request, in a letter to Judge Steven Gibbs, Defense Attorney Michael Cohen states in part quote, “I want to make sure that the Court is aware that the District Attorney’s Office, my office, and your office scheduled the Hearing together. This was the soonest date available on the calendar of all parties at the time.”

The letter goes on to state, " I can tell the Court that I do not have any time available to have this matter rescheduled to any date sooner. I am already booked with trials into 2024.”
 

Juvenile Justice Reform Efforts

Unfortunately for young people and their parents, Wisconsin is one of only nine states in the nation in which all 17 year-olds are automatically treated as adults in the criminal justice system.

You’re an adult for punishment purposes, but nothing else. This get-tough regime enacted in 1996 flies in the face of fairness, common sense, psychological and sociological studies, and the reality recognized by the majority of the United States Supreme Court in Roper v. Simmons, 543 U.S. 551, 569 (2005).

[A]s any parent knows and as the scientific and sociological studies . . . tend to confirm, “[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.” . . . (“Even the normal 16–year–old customarily lacks the maturity of an adult”). It has been noted that “adolescents are overrepresented statistically in virtually every category of reckless behavior.” . . . In recognition of the comparative immaturity and irresponsibility of juveniles, almost every State prohibits those under 18 years of age from voting, serving on juries, or marrying without parental consent.

The State Bar of Wisconsin and one of the authors of this blog when he was on the Board of Governors vigorously pushed for enactment of the Second Chance Act, which would have returned most 17 year-olds to juvenile court jurisdiction.

Despite bipartisan support for this real reform to undo the harmful aspect of the 1996 law, the bill did not get through the Wisconsin Legislature.

Recently, the Legislature took some minor steps to address changes to state’s juvenile detention system due to reports of inmate abuse and unsafe conditions at the state’s only juvenile corrections facility.

A bill was passed that will place serious juvenile offenders in a new juvenile prison that will be overseen by the state Department of Corrections.


Juveniles who are charged with less serious offenses will be placed in secure residential care facilities, which are intended to allow offenders to remain closer to their homes and provide them with the resources and stability they need. Much more needs to be done to protect the best interests of Wisconsin children.
 

CHIPPEWA FALLS — The next court hearing for the 14-year-old boy accused of killing 10-year-old Lily Peters last April in Chippewa Falls will not be moved up.

Chippewa County Judge Steve Gibbs held a scheduling conference Monday morning with both attorneys about the next court dates in the murder case. Ultimately, Gibbs left the existing court dates in place. The next court date is set for Aug. 7 and slated to last five days. At the meeting Monday, the attorneys opted to add a sixth day to that court hearing to make sure they finish resolving all issues, said Chippewa County District Attorney Wade Newell.
 
It has been a year :( This article is from April 25, 2023

From the article you posted:

Chippewa County District Attorney Wade Newell told News 18 the upcoming six-day hearing is a reverse waiver hearing. A reverse waiver is a petition to move C.P.-B's case into juvenile court.

Source
 
From the quoted news link:

Lawyers for the accused — known to us as C.P.B because of his young age — want to move his case to juvenile court. That will be decided at a reverse waiver hearing in August.

Before that though, C.P.B's attorneys are asking for certain evidence to not be brought up at that hearing.

[..]

Lawyers say the reverse waiver hearing is "not a mini-trial" and evidence isn't needed to be introduced when deciding what court will hear the case.

A judge will rule on the motions at a hearing on July 27. The reverse waiver hearing is scheduled for August 7 through 14.

News 18 will provide coverage of both hearings in July and August.
 
I do feel bad for the grandmother here who's essentially lost two children. A loose, loose, situation where the defendant will receive a fair trial with excellent representation. I'm also curious about his behavior in juvie detention. Unfortunately, I also think the defendant was doomed from birth and don't think switching courts will impact his life in the long run. JMO
 
I'm curious if any locals here can share knowledge and/or experience with the WI State prison system and convicted youth.

According to the Statute, the defendant barely made the cut for consideration. Had he been a year older or age 15 when he allegedly murdered the victim, he would not be eligible for this reverse waiver petition.

At the hearing, the burden will be on the defendant to prove by a preponderance of evidence that 1) if convicted, he can't receive adequate (age-appropriate) treatment in the criminal justice system; 2) transferring the defendant to youth court does not depreciate the seriousness of his crime, and 3) retaining jurisdiction not necessary to deter the youth from committing murder (accused offense).

I think it's difficult to proforma when the youth is currently detained in juvenile detention and has nothing to compare to evaluate incarceration with adults. MOO


Reverse WaiverWis. Statutes Sec. 970.03
Generally, if a preliminary examination is held in the case of a child accused of an offense subject to original adult court jurisdiction (with certain exceptions for homicide cases, as noted below), the court must initially determine whether there is probable cause to believe the child committed the offense under circumstances satisfying the jurisdictional statute. If not, it must discharge the child, but further proceedings may be brought under the Juvenile Justice Code. If so, it must decide whether to transfer the case to juvenile court or retain jurisdiction. The court must retain jurisdiction unless the child proves by a preponderance of the evidence that (1) if convicted, the child "could not receive adequate treatment in the criminal justice system"; (2) transferring jurisdiction to the juvenile court "would not depreciate the seriousness of the offense"; and (3) "retaining jurisdiction is not necessary to deter the child or other children" from committing the offense of which the child is accused. However, this reverse waiver procedure is not available in the case of a child of at least 15 accused of first degree intentional homicide, attempted first degree intentional homicide, first degree reckless homicide, or second degree intentional homicide.
 
Wisconsin Criminal Defense Attorney
Minors convicted in juvenile court may be sent to a special detention facility and have access to educational and mental health resources. Minors who are tried as adults will be subject to adult penalties and imprisonment in adult facilities.

WI and Juvenile Offenders
 
This report answered one of my questions that if convicted, a youth remains at Juvenile Detention until age 17 and then transferred to State DOC to serve the remainder of their sentence.

I dunno -- I have to agree with Chief Legal Officer here -- I agree age 10 is too young to face adult charges and punishment. And if the idea here was to deter crime by youth, I don't think it's working. JMO


11/20/22

MILWAUKEE — A 10-year-old Milwaukee boy is being charged in adult court for allegedly shooting and killing his mother.

State law says children ages 9 and younger cannot be charged with a crime, but that changes once they turn 10. If prosecutors charge them with homicide, the case is automatically sent to adult court.

[..]

The 10-year-old boy in this case faces up to 60 years behind bars if convicted on the charge of first-degree reckless homicide.


"In Wisconsin, it's almost unheard of that a 10-year-old involves themselves in a homicide so this is incredibly unique,” said Jonathan LaVoy.

[..]

Marsha Levick is the chief legal officer for the Juvenile Law Center, a national organization that advocates against charging children as adults.

"Under no circumstances can I, speaking on behalf of Juvenile Law Center, imagine a scenario where it would ever be appropriate to prosecute a ten year old in criminal court,” she said.

Levick points to studies that show a child’s brain development and maturity levels barely change from the age of 9 to 10. She thinks it’s past time for Wisconsin and other states to raise the age in which a child can be charged and tried as adults.

"One of the things that jumps out at me is that it sounds like this child has some very serious mental health issues and that's a system that should be providing services to him, not a justice system that really has nothing to offer a ten year old."

LaVoy says children who are charged and convicted of homicide in Wisconsin are typically sent to a juvenile detention facility until they are 17, then they go to prison for the remainder of their sentence.
 

Waiver hearings are open to the public.

What are some examples in Wisconsin of children being charged with homicide or attempted homicide?​

In 2014, two 12-year-old girls were charged as adults with attempted first-degree intentional homicide in the stabbing of a classmate. The girls told police they were trying to appease Slender Man, a fictional internet character they believed could kill them or their families.

Despite efforts to get their cases moved to the juvenile system, both girls were tried as adults. Both were found not guilty by reason of mental disease or defect and were committed to secure mental-health treatment centers. One of the girls has since been released and will remain under community supervision by the state until she is 37.

Timeline:How the Waukesha Slender Man stabbing case played out over the years

In 2018, a 10-year-old girl in Chippewa Falls was charged with first-degree intentional homicide as an adult after prosecutors said she stomped on a 6-month-old baby and killed him. She was placed in a secure state-run mental health complex and initially determined not to be competent for trial.

Her case ultimately was transferred into juvenile court and results of future rulings will not be made public, The Leader-Telegram in Eau Claire reported earlier this year.

This year, a 10-year-old boy in Milwaukee was charged as an adult in the shooting death of his mother. His case is ongoing. One of his attorneys told the Journal Sentinel that "the adult system is absolutely ill-equipped to address the needs of a 10-year-old child."
 
*C. T. P-B. (14) arrested & charged (4/26/22) & arraigned (4/27/22) with 1st degree intentional murder & 1st degree sexual assault/great bodily harm & 1st degree sexual assault on a child under 13 resulting in great bodily harm. Cash bond of $1M.

Per the sentencing guidelines linked below, the youth is charged with two Class "A" Felonies which translates to double life sentences.

 
A sad statistic that juvenile facilities are rife with abuse. How can rehabilitation work in this environment?


Juvenile facilities are rife with maltreatment and abuse. Systemic or recurring abuses were documented in the state-funded youth correctional facilities of 29 states and the District of Columbia between 2000 and 2015. Since 2015, the stream of abuse revelations in youth incarceration facilities has continued, with alarming revelations of pervasive abuse in Florida, New Hampshire, and Texas, among other states. Surveys of currently or previously incarcerated youth reveal that many have been abused physically or sexually in their facilities by staff or peers, and that most have witnessed abuses – often repeatedly.
 
The United States stands alone as the only nation that sentences people to life without parole for crimes committed before turning 18. This briefing paper reviews the Supreme Court precedents that limit the use of juvenile life without parole (JLWOP) and the challenges that remain to its abolition.

 

The Facts About Juvenile Crimes​

General Facts
Dispositions in juvenile court, unlike sentences in adult court, presume that the juvenile should always be sent home on supervision and only confined if all other avenues have been considered and deemed inadequate.

For the most serious juvenile offenses where supervision is inappropriate, there are two forms of juvenile lock-up. One is the county juvenile detention center, and the other is the State Department of Corrections.

Both facilities are exclusively for juveniles, and offer programming and treatment unique to young people.

What are some common juvenile crimes?​

  1. Vandalism
  2. Graffiti charges
  3. Shoplifting and other petty theft charges
  4. Simple assault
  5. Underage drinking violations
  6. Marijuana possession
  7. Joyriding in a car
  8. Sexual assault
The procedures in juvenile court are also different than those in adult court. Primarily, there are no jury trials in juvenile court. The judge is the finder of fact and finder of law in all juvenile defense cases.

On a positive note, any juvenile conviction is kept under seal and not a public record. Unfortunately, if you end up in adult court at some point in your life, your juvenile convictions are relevant both during sentencing for an adult conviction, and for setting bail.

Waiver into Adult Court
When a juvenile is charged with a crime in Wisconsin, the juvenile court has original jurisdiction, but the prosecuting attorney can try to have the case waived into adult court. Usually this process is reserved for only the most serious crimes where the prosecutor might feel that the juvenile punishment system is insufficient to address the case. In almost all circumstances, it is better to keep the case in juvenile court and the Wisconsin juvenile defense attorneys must argue strongly to keep it there.

Reverse Waiver
Reverse waiver is the opposite of waiver into Wisconsin's adult court. On occasion, a case that has been charged in adult court may be more appropriate for juvenile court. It is the responsibility of the Milwaukee juvenile defense attorney to file this motion in a timely fashion; otherwise, the right to be heard on the issue will be forfeited.

Underage Drinking
Underage drinking is not a crime. It is a civil forfeiture that is handled in municipal court.

Many Wisconsin municipalities have diversionary programs that allow defendants to take an alcohol awareness class in exchange for having the ticket dismissed.

If this is not available in your jurisdiction, you will need to fight these tickets on the merits.

Possession of a Controlled Substance
This crime is identical to the adult charge.
 
Court record
Date Event Court official Court reporter Amount
06-28-2023 Letters/correspondence
Additional text:
from Attorney Michael R. Cohen re: Zoom appearances (sent for review)

06-23-2023 Letters/correspondence
Additional text:
from Attorney Michael R Cohen requesting Zoom appearance for defendant (sent for review)

06-20-2023 Motion
Additional text:
Defendant's Motion to Preclude Improper Argument by Prosecutor, filed by Attorney Cohen and Attorney Linzmeier - Sent for review

06-20-2023 Motion
Additional text:
Defendant's Motion to Seal Any Crime Scene or Autopsy Photos Admitted As Evidence In Reverse Waiver Hearing, filed by Attorney Cohen and Attorney Linzmeier - Sent for review

06-20-2023 Motion
Additional text:
Defendant's Motion to Preclude Certain Testimony at Reverse Waiver Hearing, filed by Attorney Cohen and Attorney Linzmeier - Sent for review

06-20-2023 Motion
Additional text:
Defendant's Motion to Seal or Redact Any Photos or Video Footage of CTPB Admitted as Evidence in Reverse Waiver Hearing, filed by Attorney Cohen and Attorney Linzmeier - Sent for review

06-20-2023 Notice of hearing
Additional text:
Motion hearing on July 27, 2023 at 01:30 pm.


Court activities
Date Time Location Description Type Court official
01-09-2023 08:30 am Chippewa County Courthouse, Branch 1 Telephone scheduling conference Court Gibbs, Steven H.

07-27-2023 01:30 pm Chippewa County Courthouse, Branch 1 Motion hearing Court Gibbs, Steven H.

08-07-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-08-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-09-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-10-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-11-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-14-2023 08:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

link: Wisconsin Circuit Court Access
 

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