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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.
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