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

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6/11/24

Judge Steven Gibbs ruled on January 22 that he should stay in an adult court, but the Wisconsin Court of Appeals agreed to hear an appeal by the defense.

'The court disagrees that a possible 10-year confinement in the juvenile system, registering as a sex offender and that the defendant would be vulnerable to the adult system would be punishment enough for the defendant,' Gibbs wrote in his ruling.

Peters-Berger's lawyer Michael Cohen objected, arguing sending him to jail for decades wouldn't deter others and would only be retribution.

'The Circuit Court correctly found that he could not receive adequate treatment in the criminal justice system and that retaining jurisdiction in adult court is not necessary to deter him or other juveniles,' he said.

'But the Circuit Court erred in finding that transferring jurisdiction would depreciate the seriousness of the offense.

'In this case, putting [Peters-Berger] in adult prison for life is not necessary. It will not motivate change or cause change.

'It is only punishment for the sake of punishment, which is not what the law permits for juveniles.

Wisconsin Attorney General Josh Kaul and Assistant AG John Flynn submitted a 25-page rebuttal on Monday, arguing the crime was too serious.

'[Peters-Berger], intending to murder and sexually assault the victim, convinced her to go down a trail with him,' they wrote.
 
@Seattle1 - DA Newell estimated the appeal would take about 4 weeks. That would bring us up to about July 11th.

and from what the Appeal case hisory has this since May:

Status Court Filing Date Anticipated Due Date Activity
PEND CA Awaiting Assignment

PEND CA 03-07-2024 Statement on Transcript
Comment: DO NOT PURSUE, see cto issued 2/20/24

OCCD CA 06-20-2024 Record and Briefs Sent to District 3

OCCD CA 06-20-2024 Reply Brief
Filed By: Alicia Linzmeier

OCCD CA 06-07-2024 Brief of Respondent(s)

Comment: Amended notices issued 6/10/24 as to filing date.

link: WSCCA Case History

IF I am looking at the correct link - ??
 
@Seattle1 - DA Newell estimated the appeal would take about 4 weeks. That would bring us up to about July 11th.
I'm not sure DA Newell's "guess prediction" of 4 weeks is correct. Nonetheless, not taking July 4 holiday into account, 4 weeks from the defendant's response on 6/20 pencils out to around July 18.

Given the Appellant (Defendant) requested Oral Argument and Published Opinion (see pg 5/39), and no mention that such argument has been scheduled, I don't see anything close to a decision in July 2024. Also, District 3 Oral Arguments (as of July 11) only show 2 hearing completed-- in Feb and June 2024!


POSITION ON ORAL ARGUMENT AND PUBLICATION
Oral argument is appropriate in this case under Wis. Stat. (Rule)809.22. Appellant’s arguments clearly are substantial and do not fall within that class of frivolous or near frivolous arguments concerning which oral argument may be denied under Rule 809.22(2)(a).Publication is appropriate in this case, as the decision will clarify the proper considerations and analysis to be undertaken by a circuit court under this statute.

History:

The Circuit Court noted the case sent to the Appellate on 3/8/24:
Appeals Document Index: 2024AP000189 sent to Court of Appeals by: Laura J Hayden
And the WSCCA noted the Brief of the Appellant was filed on 4/3/24, State (Plaintiff) filed their response brief on 6/7/24, and the Defendant replied on 6/20/24.


WSCCA Case History
 
I'm not sure DA Newell's "guess prediction" of 4 weeks is correct. Nonetheless, not taking July 4 holiday into account, 4 weeks from the defendant's response on 6/20 pencils out to around July 18.

Given the Appellant (Defendant) requested Oral Argument and Published Opinion (see pg 5/39), and no mention that such argument has been scheduled, I don't see anything close to a decision in July 2024. Also, District 3 Oral Arguments (as of July 11) only show 2 hearing completed-- in Feb and June 2024!


POSITION ON ORAL ARGUMENT AND PUBLICATION
Oral argument is appropriate in this case under Wis. Stat. (Rule)809.22. Appellant’s arguments clearly are substantial and do not fall within that class of frivolous or near frivolous arguments concerning which oral argument may be denied under Rule 809.22(2)(a).Publication is appropriate in this case, as the decision will clarify the proper considerations and analysis to be undertaken by a circuit court under this statute.

History:

The Circuit Court noted the case sent to the Appellate on 3/8/24:
Appeals Document Index: 2024AP000189 sent to Court of Appeals by: Laura J Hayden
And the WSCCA noted the Brief of the Appellant was filed on 4/3/24, State (Plaintiff) filed their response brief on 6/7/24, and the Defendant replied on 6/20/24.


WSCCA Case History

Thanks! I guess I do not understand the legal words! LOL!
 

When will the court issue a decision in my case?​

It is not possible to know exactly how long the appeal process will take in a particular case. The most recent statistics, however, indicate that the average appeal time, from the filing of the notice of appeal to the court's decision, is slightly less than 10 months. To obtain more specific statistical information regarding appeal times, you can download the Court of Appeals' Annual Report.

 

When will the court issue a decision in my case?​

It is not possible to know exactly how long the appeal process will take in a particular case. The most recent statistics, however, indicate that the average appeal time, from the filing of the notice of appeal to the court's decision, is slightly less than 10 months. To obtain more specific statistical information regarding appeal times, you can download the Court of Appeals' Annual Report.


I should realize appeals take a VERY LONG time to get to their decisions... :)

I shall keep checking this case from time - to - time.
 
I feel so sorry for that precious little girl who had the misfortune of being born into such a marginal family.
These juvie cases are always painful. The victim was so betrayed by somebody she knew her entire short life. As for the perp, I'm yet to see one benefit from youth detention vs adult prison after committing a violent, adult crime. Yet here we are with more youth offenders making the news than ever. And who doesn't fear becoming desensitized... :(

 
These juvie cases are always painful. The victim was so betrayed by somebody she knew her entire short life. As for the perp, I'm yet to see one benefit from youth detention vs adult prison after committing a violent, adult crime. Yet here we are with more youth offenders making the news than ever. And who doesn't fear becoming desensitized... :(

Yeah, I'm not a fan of drawing an age line when I feel it should be based on the crime, not age. There are some pretty darn mature young people, and some really immature adults. As for CP-B, I wouldn't put him in the young but mature category (I had made that comment as I feel in general a line shouldn't be drawn due to age), but instead he stated he had planned to rape and kill her. He's being charged with 1st-degree intentional homicide. That's the worst of the worst IMO. This was no accident.

C. P.-B. also told investigators it was his intention to rape and kill Peters. He told investigators that he asked Peters to leave the trail and go into the woods, where he then physically and sexually assaulted her.

 
As for CP-B, I wouldn't put him in the young but mature category (I had made that comment as I feel in general a line shouldn't be drawn due to age), but instead he stated he had planned to rape and kill her. He's being charged with 1st-degree intentional homicide. That's the worst of the worst IMO. This was no accident.
^^rsbm

Exactly! I wonder if his video confession will be admitted as evidence at trial. I've long been curious if his statement was bragging, matter of fact, remorseful, or even blank of any emotion like FL's Derek Rosa, 13, who fatally stabbed his mother last October.
 
Yet here we are with more youth offenders making the news than ever. And who doesn't fear becoming desensitized... :(
^^rsbm

If this is happening in WA, I can't believe it's not occurring in other states as well.

I can't emphasize enough the security risk of housing violent youth offenders in juvenile facilities with nonviolent offenders. And if the facility is overcrowded, it's nothing short of a recipe for a combustible disaster.

On Friday, after the population of WA's youth detention facility found itself in the midst of a 60-percent increase above 2023 levels, the state acted to move forty-three men over the age of 21 to the adult DOC prisons from the juvenile detention center they were sentenced to due to safety concerns from a “rapidly growing population,” according to the Washington State Department of Children, Youth and Families.

Roughly five years ago, the state made changes to it’s juvenile rehabilitation programs that allowed young people that committed crimes as children to stay in juvenile facilities up until they turn 25-years-old. Each of the inmates transferred were males, over the age of 21 who had sentences that would have eventually led them to be moved into DOC facilities by age 25.

"This decision was not made lightly," said DCYF Secretary Ross Hunter. "The security risks related to overcrowded facilities have made our current situation untenable."

Over the past year, FOX 13 has documented a number of large fights or riots that unfolded within the Green Hill facility – the juvenile rehabilitation facility that houses male inmates in their late teens and early 20s.

 
^^rsbm

If this is happening in WA, I can't believe it's not occurring in other states as well.

I can't emphasize enough the security risk of housing violent youth offenders in juvenile facilities with nonviolent offenders. And if the facility is overcrowded, it's nothing short of a recipe for a combustible disaster.

On Friday, after the population of WA's youth detention facility found itself in the midst of a 60-percent increase above 2023 levels, the state acted to move forty-three men over the age of 21 to the adult DOC prisons from the juvenile detention center they were sentenced to due to safety concerns from a “rapidly growing population,” according to the Washington State Department of Children, Youth and Families.

Roughly five years ago, the state made changes to it’s juvenile rehabilitation programs that allowed young people that committed crimes as children to stay in juvenile facilities up until they turn 25-years-old. Each of the inmates transferred were males, over the age of 21 who had sentences that would have eventually led them to be moved into DOC facilities by age 25.

"This decision was not made lightly," said DCYF Secretary Ross Hunter. "The security risks related to overcrowded facilities have made our current situation untenable."

Over the past year, FOX 13 has documented a number of large fights or riots that unfolded within the Green Hill facility – the juvenile rehabilitation facility that houses male inmates in their late teens and early 20s.

Judge Orders transferred inmates returned to Juvenile Prison within 14 days!

 

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