Wis. court reverses sex assault conviction


March 19, 2010

 
MADISON - A state appeals court has overturned the conviction of a man accused of sexually assaulting his 4-year-old stepdaughter.

A jury convicted Miguel E. Marinez Jr. of first-degree sexual assault in Jefferson County in 2008. He was sentenced to six years in prison.

Marinez appealed, arguing Judge Randy Koshnick improperly admitted a videotape of the girl accusing Marinez of burning her hands before the sexual assault into evidence. Koshnick ruled the tape helped identify Marinez and supplied context in the sex assault case.

The 4th District Court of Appeals ruled the hand-burning incident was not tied to the sexual assault.

The state Justice Department handles criminal appeals for local prosecutors. Spokesman Kevin St. John says agency attorneys will review the decision and decide whether to appeal to the state Supreme Court.

 

Associated Press