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

[Seattle1]

Teen accused of killing Wisconsin 10-year-old to stay in adult court system, appeal judges decide

The teen accused of killing a 10-year-old girl in Chippewa Falls two years ago lost his appeal to move his case to juvenile court.

www.kare11.com

From the quoted MSM link dated 9/10/24:

The charge of first-degree intentional homicide begins in the adult criminal court system in Wisconsin.

<modsnip - posting more than 10% is a copyright violation - see link>

[..]

Court records do not show any future court dates currently scheduled for C.P.B.

 

[Seattle1]

The charge of first-degree intentional homicide begins in the adult criminal court system in Wisconsin.

^^rsbm

I have a new appreciation for the WI legislature who determined that the crime charged should determine the jurisdiction of minors, and not the age of the defendant.

WI is the only State I'm aware of where children age 10 and above charged with murder begin in adult criminal court system and must "reverse-petition" the Court if they want to be to be heard in juvenile Court.

Following a horrific tragedy in Augusta, KS where two 13 yr old girls (now age 14) murdered Mrs. Joanne Johnson, age 93, still living in her own home, using an axe.

The murder occurred Labor Day weekend 2023 but the arrests were made only a few weeks ago in August 2024.

Kansas law prohibits any party age 14 and under from being tried in adult Court.

"Jojo" Johnson

 

[Niner]

No next hearing date yet - just docket update. I shall keep my eye out on this!

Court record
Date Event Court official Court reporter Amount
09-10-2024 Court of Appeals decision & order affirming
Additional text:
By the Court.-Order affirmed [Appeal denied]<<I put this in-not on the court site.

link: Wisconsin Circuit Court Access

 

[Niner]

From the quoted MSM link dated 9/10/24:

The charge of first-degree intentional homicide begins in the adult criminal court system in Wisconsin.

<modsnip - posting more than 10% is a copyright violation - see link>

[..]

Court records do not show any future court dates currently scheduled for C.P.B.

ACK!! Missed the quote from the article - and I can not access it over here....

There is got to be more in that article then the one sentence they left...

 

[Kemug]

One benefit of keeping him locked-up long-term would be to protect the world's girls and women from ever having to worry about him.

True, but sadly there are plenty more out there.

 

[Seattle1]

ACK!! Missed the quote from the article - and I can not access it over here....

There is got to be more in that article then the one sentence they left...

Clipped MSM just cited more about the defendant's confession and that there was no convincing evidence presented about mental defect.

As I've noted previously, WI is different than most states where a child as young as age 10 charged with murder starts in adult court and has to "reverse petition the Court to be sent to juvenile Court. In other words, the jurisdiction is based on the seriousness of the charge, and not the minors age.

 

[Niner]

Clipped MSM just cited more about the defendant's confession and that there was no convincing evidence presented about mental defect.

As I've noted previously, WI is different than most states where a child as young as age 10 charged with murder starts in adult court and has to "reverse petition the Court to be sent to juvenile Court. In other words, the jurisdiction is based on the seriousness of the charge, and not the minors age.

Thanks - and yes I saw where you wrote that about WI is different than most states. Still no updates for hearings today.

 

[Seattle1]

Thanks - and yes I saw where you wrote that about WI is different than most states. Still no updates for hearings today.

We know the State should have a ready calendar date since they were way off thinking there would be a decision by the appellate early July (four weeks)!

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.

@Seattle1 - DA Newell estimated the appeal would take about 4 weeks. That would bring us up to about July 11th.

 

[Seattle1]

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Sep 12, 2024 Law&Crime Sidebar with Jesse Weber

A now-16-year-old Wisconsin boy is accused of killing 10-year-old Lily Peters and sexually assaulting her body before leaving her in a wooded area not far from her home. Attorneys for the teen, identified in court documents as C.T.P.-B., appealed a district court’s decision to keep their client’s case in adult court, arguing it should be moved to the juvenile court system. Law&Crime’s Jesse Weber discusses why the appeals court upheld the lower court’s decision with Tom Smith, a retired NYPD detective and co-host of the Gold Shields true crime podcast.

 

[Niner]

Just a docket update...

Court record
Date Event Court official Court reporter Amount
10-25-2024 Remittitur
Additional text:
The appeal record is hereby returned to the Clerk of Circuit Court for Chippewa County

link: Wisconsin Circuit Court Access


Since I had NO idea "what" Remittitur was - had to look it up...

A remittitur is a document that terminates the Court of Appeal's jurisdiction over a case. A remittitur also says if any party is eligible to get reimbursed for some or all of their costs in the appeal. What happens after the remittitur? The case transfers back to the trial court.

 

[Kemug]

This case has been dragging on for so long that I've forgotten a lot of the details. Do we know if the allegedly perp is going to be tried as an adult?

 

[Niner]

This case has been dragging on for so long that I've forgotten a lot of the details. Do we know if the allegedly perp is going to be tried as an adult?

per my notes:
1/22/24 Update: Judge Steven H. Gibbs ruled C.P.B. will stand trial as an adult. Decision & Order on Reverse Waiver by Judge Gibbs. Defendant. He will be publicly identified in light of the latest ruling. The ruling also means the case will remain in adult court, where he is charged with first-degree intentional homicide & first-degree sexual assault. The judge denied the defense’s petition for a reverse waiver into juvenile court, as attorneys sought to move the case out of adult court. “The court disagrees that a possible 10-year confinement in the juvenile system, registering as a sex offender & that the Defendant would be vulnerable to the adult system would be punishment enough for the Defendant,” the judge wrote.

And his appeal was denied - so we will probably see a court date soon. I've been looking it up every other day...

 

[Seattle1]

Chippewa County Case Number 2022CF000265​

State of Wisconsin vs. C. T. P.-B.​

Court activities​

12-16-2024	11:00 am	Chippewa County Courthouse, Branch 1	Arraignment	Court	Gibbs, Steven H.

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Court record:​

10-29-2024	Notice of hearing
	Additional text: Arraignment on December 16, 2024 at 11:00 am.
10-25-2024	Remittitur
	Additional text: The appeal record is hereby returned to the Clerk of Circuit Court for Chippewa County
09-10-2024	Court of Appeals decision & order affirming
	Additional text: By the Court.-Order affirmed

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Wisconsin Circuit Court Access

wcca.wicourts.gov

 

[Seattle1]

@Niner -- trying again with pdf since WS system still has problems allowing dockets to paste from official court sites.

Wisconsin Circuit Court Access

wcca.wicourts.gov

 

[Niner]

@Niner -- trying again with pdf since WS system still has problems allowing dockets to paste from official court sites.

View attachment 541487

Wisconsin Circuit Court Access

wcca.wicourts.gov

Thanks!

They must have just updated this - as I was in there this morning...

 

[Seattle1]

6/25/24

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Two years after Lily Peters' death, her case plays a role in changing Wisconsin law​

 

[Niner]

Monday, Dec. 16th:
*Arraignment Hearing (@ 11am ET) - WI - Iliana “Lily” Peters (10) (left aunt's, didn't arrive home, bike found, reported missing April 24, 2022 @ 9pm, found April 25, 2022 @ 9:15am, located near the walking trail at the end of North Grove St. at the Jacob Leinenkugel Brewery Co. parking lot, Chippewa Falls) - *C. T. P-B. (14/now 16) 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. Chippewa County
Judge Steven H. Gibbs. Prosecutor Wade Newell. Defense attorneys Michael R. Cohen & Alicia Linzmeier.
Appeals: Prosecutor John D. Flynn. Defense attorneys (no names)
Case & court info from 4/27/22 thru 8/8/23 reference post #73 here:
https://www.websleuths.com/forums/t...-falls-24-apr-22-14yo-charged-2.660806/page-4
8/9/23 Update: Video conferencing (Day 3). Motion hearing-video conferencing. Defendant C. T. P.-B. appeared by video, in custody at JDC. Attorneys Michael R. Cohen & Alicia Linzmeier in court for C. T. P.-B. Attorneys Wade Newell & Sheila M. Yohnk in court for State of Wisconsin. Court states case & notes appearances. Day 3 of Reverse Waiver Hearing. Defense witness J. Garbarino sworn & questioned by Attorney Cohen. Exhibit 6 offered & received. Exhibit 7 offered & received subject to hearsay objections - confid. Witness cross-examined by DA Newell. Re-direct. Re-cross. Witness excused. Defense witness B. Widera (via Zoom audio) sworn & questioned by Attorney Cohen. Witness cross-examined by DA Newell. Attorney Cohen moves to admit Mr. Widera's evidence previously filed. DA Newell objects. Court finds weight & allows evidence. Court notes objection, takes judicial notice, overrules & again allows evidence as deemed relevant. Witness excused. Defense witness Dr. Larson sworn & questioned by Attorney Linzmeier. Witness cross-examined by ADA Yohnk. Re-direct. Witness excused. Defense rests. DA Newell requests autopsy report be admitted into evidence. Attorney Cohen presents objection. DA Newell responds. Court finds report & photos to be duplicative & stands by previous ruling. State requests photos be provided to the Clerk & received under seal - Court grants request. (Photos received by Clerk & stored under seal in Exhibit Room). State rests. DA Newell indicates reporter has requested 30 days to prepare transcripts & requests additional time beyond to submit Brief. Attorney Cohen responds. Court orders simultaneous briefs be filed by 11/17/23 & responses by 12/8/23. Court’s written decision follow the briefs.
8/14/23: Letters/correspondence from attorney Michel R. Cohen with attached Annotated Bibliography by Dr. Caldwell (sent for review). 9/27/23 Update: Order on motion to seal/redact court record. The original document was titled: Transcript - Motion Hearing Day 1 held August 7th, 2023; The original history event date is: 09-26-2023; The original document was titled: Transcript - Motion Hearing Day 2 held August 8th, 2023; The original history event date is: 09-26-2023; The original document was titled: Transcript - Motion Hearing Day 3 held August 9th, 2023; The original history event date is: 09-26-2023. Proposed Order. Motion to seal/redact court record of proceedings Motion hearings 1-3.
10/2/23 Letters/correspondence request from DA Newell-Sent for review. Letters/correspondence from attorney Michael Cohen in response to DA Newell's letter dated 10/2/23 (sent for review).
11/13/23 Update: State's Reverse Waiver Brief (sent for review). 11/17/23 Update: Court official. Brief in support of reverse waiver, defendant's (sent for review). 12/8/23 Docket Update: State's response to defendant's reverse waiver Brief (sent for review). 12/11/23 Update: Defendant's response to State's response to defendant's Brief-filed by attorney Michael R. Cohen & Alicia A. Linzmeier (sent for review).
1/22/24 Update: Judge Steven H. Gibbs ruled C.P.B. will stand trial as an adult. Decision & Order on Reverse Waiver by Judge Gibbs. Defendant. He will be publicly identified in light of the latest ruling. The ruling also means the case will remain in adult court, where he is charged with first-degree intentional homicide & first-degree sexual assault. The judge denied the defense’s petition for a reverse waiver into juvenile court, as attorneys sought to move the case out of adult court. “The court disagrees that a possible 10-year confinement in the juvenile system, registering as a sex offender & that the Defendant would be vulnerable to the adult system would be punishment enough for the Defendant,” the judge wrote.
2/1/24 Update: Petition for Leave to Appeal a non final Order of the Circuit Court for Chippewa County & for stay of proceeding pending Appeal. Acknowledgement from Court of Appeals of filing of Writ/Petition-for Leave to Appeal has been filed 2/1/24.
2/2/24 Update: Order of Court of Appeals. It is Ordered that the motion to stay proceedings in the circuit court pending disposition of the petition for leave to appeal is denied. 2/6/24 Update: State's letter requesting to schedule arraignment, filed by DA Newell-sent for review. Letters/correspondence. from attorney Michael R. Cohen in response to state's request to schedule arraignment-sent for review. 2/8/24 Update: Motion to stay proceedings pending appeal, file by attorney Cohen. Proposed Order. Order-on defendant's motion to stay proceedings pending appeal by Judge Steven H. Gibbs.
2/20/24 Docket update: Order granting petition for Leave of Appeal. It is Ordered that C.T.P.-B.'s motion for leave to file a reply to the State's response is granted. It is further Ordered that the petition for leave to appeal is granted. It is further Ordered that further proceedings in the circuit court are stayed pending appeal. 2/22/24: Court record papers. Notice of compilation of record-sent electronically. Appeals document index saved for 2024AP000189 by Laura J. Hayden. Notice from Court of Appeals, dated 2/22/24, NOA & docket entries received by COA. Appeals Case #2024AP000189.
3/8/24 Docket Update: Transmittal of record to Court of Appeals. Appeals document index: 2024AP000189 sent to Court of Appeals by Laura J. Hayden. 3/11/24: Notice. The record has been filed with the Court of Appeals.
4/3/24 Docket update: Brief & Appendix of Appellant filed by Michael Cohen. 4/23/24: Motion to extend time to 5/24/24-granted.
5/21/24 Docket update: Motion to extend time to 6/10/24, 2nd request-granted. 5/22/24: Sua Sponte filed by Michael Cohen. It is ordered that the motion for reconsideration is denied. Review of Appellant's objection to motion for extension-denied.
6/7/24 Docket update: Brief of Respondent. Amended notices issued 6/10/24 as to filing date. Pending reply Brief due date 6/25/24.
6/13/24 Update: C.P-B accused of murdering his 10-year-old cousin & raping her dead body wants to be tried as a child meaning he could be freed from jail by the time he is 25. Carson was 14 when he allegedly killed Lily Peters as they walked along a hiking trail in Chippewa Falls, Wisconsin, on April 24, 2022. He allegedly told police he punched her in the stomach, knocked her to the ground, hit her with a stick & strangled her to the point of death before raping her. Prosecutors told the court Peters-Berger planned to 'rape & kill the victim from the get-go when he left the house with the victim to go down the trail'. Counts of sexual assault, and faced life in prison. He has been held at Northwest Regional Juvenile Detention Center in Eau Claire on a $1 million cash bond, where he will stay until he is 18. But his lawyers argued in a 35-page brief that he should be tried as a juvenile, which would only send him to jail for 10 years, letting him walk free aged 25. Wisconsin Attorney General Josh Kaul & Assistant AG John Flynn submitted a 25-page rebuttal on Monday, arguing the crime was too serious. '[Peters-Berger], intending to murder & sexually assault the victim, convinced her to go down a trail with him,' they wrote. Chippewa County DA Wade Newell estimated the Court of Appeal would take about four weeks to make up its mind with the arguments filed. No trial date has been set & Gibbs declared the criminal case would not return to court until the appeal was decided. Link to appellant briefs: see post #102, page 6.
6/20/24: Record & Briefs sent to District 3. Still awaiting assignment. 9/10/24 Docket update: Court of Appeals decision & order affirming. Appeal-denied.
10/25/24 Docket Update: Remittitur [A remittitur is a document that terminates the Court of Appeal's jurisdiction over a case. A remittitur also says if any party is eligible to get reimbursed for some or all of their costs in the appeal. What happens after the remittitur? The case transfers back to the trial court]. The appeal record is hereby returned to the Clerk of Circuit Court for Chippewa County. 10/29/24 Docket update: Notice of hearing. Arraignment hearing on 12/16/24 @ 11am.

 

[Kemug]

This evil young person should never ever be released. To do what he did is simply too evil and extreme for him to have any sort of freedom again. It's not just about about punishment, and deterrence, he is simply too dangerous, and always will be, IMO.

 

[Seattle1]

10/25/24 Docket Update: Remittitur [A remittitur is a document that terminates the Court of Appeal's jurisdiction over a case. A remittitur also says if any party is eligible to get reimbursed for some or all of their costs in the appeal. What happens after the remittitur? The case transfers back to the trial court]. The appeal record is hereby returned to the Clerk of Circuit Court for Chippewa County. 10/29/24 Docket update: Notice of hearing. Arraignment hearing on 12/16/24 @ 11am.

^^rsbm

It appears his Arraignment was changed and it was held via video conference on 12/10/24 at 11:30AM, and next Motion Hearing is on 4/30/25 at 8:15AM.

Amended Media Order filed 12/11/24

Motion Hearing on 6/9/25 at 8:15AM

Wisconsin Circuit Court Access

wcca.wicourts.gov

11-04-2024	Notice of hearing
	Additional text: Arraignment on December 10, 2024 at 11:30 am.

 

[Seattle1]

@Niner -- Notes from Arraignment held on Dec 10, 2024:

Wisconsin Circuit Court Access

wcca.wicourts.gov

12-10-2024	Arraignment	Gibbs, Steven H.	Haas, Kayla
	Additional text: 11:33 AM Defendant C. T. P.-B. appeared by video, in custody. Attorney Michael R. Cohen in court for C. T. P.-B. Attorney Alicia Linzmeier appeared by video for C. T. P.-B. Attorney Wade Newell in court for State of Wisconsin. Attorney Sheila M. Yohnk in court for State of Wisconsin. Attorney Newell states case and notes appearances. Information received, reading waived. Not guilty plea entered to all counts. Defendant states mute. Defendant waives personal appearance & speedy trial. Motion Hearing has been scheduled in April, to begin at 8:15am. Counsel agree to have Motions filed 60 days prior to hearing, with responses filed 30 days prior. Scheduling of jury trial to be discussed in April. Bond continued.