Day 4 in reverse waiver hearing for boy, 12, charged with killing his mom

WAUWATOSA, Wis. (CBS 58) -- The 12-year-old Milwaukee boy charged with killing his own mother back in 2022 appeared in a Wauwatosa juvenile court again on Monday, June 24, for the continuation of a reverse waiver hearing.

The boy (whom the judge has asked media not to identify because he is a minor) has been sitting in the detention center for 19 months now, awaiting to learn his fate while still in this reverse waiver hearing period. On Monday, two expert witnesses took the stand and were questioned on what services and treatment look like for a child or an adult.

"Part of the problem is that this case has literally been going on for almost two years," said Milwaukee County Assistant District Attorney Sara Waldschmidt.

The child's case has been delayed on multiple occasions, including his reverse waiver hearing which began in early March.

Typically, a reverse waiver means a minor prosecuted as an adult in criminal court may petition to have their case "waived back" to the juvenile court system. In this case, the Milwaukee boy was initially charged as an adult but has yet to appear in adult court.

"It seems that with each hearing there is some new reason for delay and the state is concerned about that," Waldschmidt added.

On day four of the nonconsecutive hearing, the judge said she wanted to see this case resolved and asked the state to offer the boy a plea deal.

“All parties have all the discovery in this case and there have been multiple psychological evaluations done by both sides," said Judge Jane Carroll.

However, the state has made their stance very clear.

"The only offer that would potentially come would be one where he agrees to original jurisdiction downtown and that would be made downtown," said Waldschmidt.

Kristi Zubke, who works for the Department of Corrections, said minors tried in adult court are still kept in juvenile facilities until the day they turn 18.

"So, the time at Lincoln Hills would count toward that requirement that they spend the first three in maximum security?" asked the judge.

"I cautiously say yes," responded Zubke. "We've never had this before; this is brand new."

The boy's attorneys, Tanner Kilander and Angela Cunningham also filed a 53-page motion for the judge to grant the reverse waiver, dismiss the original adult court jurisdiction or declare Wisconsin's adultification and reverse waiver provisions unconstitutional.

The document argues five main points:

I. 'Wisconsin's reverse waiver factors in Wis. Stat 970.032(2) are unconstitutional in violation of the Due Proces Clause for the Fourteenth Amendment to the U.S. Constitution and Article I, Section 8 of the Wisconsin Constitution'

II. 'Wisconsin children are entitled to be treated as children and tried distinctly from adults'

III. 'Wisconsin's requirement that some 10-year-old children face prosecution in adult criminal court violates their right to equal protection as guaranteed by the Fourteenth Amendment to the U.S. Constitution and Article 1, Wisconsin Constitution'

IV. 'This court must find that Wisconsin's requirement that some 10-year-old children face prosecution in adult criminal court violates their right to equal protection as guaranteed by the Fourteenth Amendment to the U.S. Constitution and Article I, Section 1, Wisconsin Constitution, which prohibit treating similarly situated children differently based upon their race'

V. 'This Court must find that Wisconsin Statute 938.183(1)(am) violates the prohibition against cruel and unusual punishments as guaranteed by the Eighth and Fourteenth Amendments to the U.S. Constitution and Article I, Section 6 of the Wisconsin Constitution'

Day five of the reverse waiver hearing is scheduled to take place all day Tuesday.

The boy faces a felony count of first-degree intentional homicide, which could mean life in prison for the minor.