Day 5: Reverse waiver hearing testimony cut short for boy, 12, charged with killing his mom

WAUWATOSA, Wis. (CBS 58) -- The 12-year-old Milwaukee boy charged with killing his own mother almost two years ago, appeared in juvenile court again on Tuesday, June 25, for what was supposed to be the fifth and final day of a reverse waiver hearing.

The fifth nonconsecutive day of the ongoing hearing was cut short on Tuesday because a witness on the boys' attorney's list was no longer able to testify.

The boy (whom the judge has asked media not to identify because he is a minor) has been sitting in a detention center for 19 months now, still in a limbo while his attorneys, for months, attempt to 'waive him' to juvenile court.

The child's case has been delayed on multiple occasions, including different dates slated for 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.

Testimony was not completed on Tuesday for the boy who was 10 years old when he was automatically charged as an adult with first-degree intentional homicide in November of 2022.

If convicted, the boy could face life in prison.

The boy's attorneys, Tanner Kilander and Angela Cunningham brought in one witness, Wisconsin Department of Corrections' Treatment Director Alisha Kraus, to testify on Tuesday on programs offered at the DOC and how they prioritize who is offered these services.

"A variety of things are taken into consideration but most often it is based on time to release and also, potential for a program to be completed prior to enrollment in another program," Kraus said.

The minors' attorneys attempted to highlight if there will be adequate treatment for the boy in the adult system--a big unknown that was pointed out by the state.

"Moving into the future, would be pure speculation; you have no idea what the prison system is going to have to offer six years from now," replied Assistant District Attorney Sara Waldschmidt.

Kraus was also asked to point out current programming data published on the Department of Corrections' website, which Kraus read aloud currently states that 10,419 inmates are on a waiting list to receive cognitive/behavioral programs.

"Does the adult system provide any life skills, training...how to rent an apartment or sign up even to get a cellphone?" asked Attorney Cunningham.

"We do not have any specific life skills groups or primary programs," responded Kraus.

During cross examination however, Assistant District Attorney Waldschmidt challenged that notion.

"Despite the fact that there isn’t specific life skills programs there are many opportunities for individuals who come through the Wisconsin prison system to, in fact, learn life skills, is that fair to say?" Waldschmidt asked Kraus.

"Yeah, I think so," Kraus replied.

The boys' attorneys filed a 53-page motion on Monday asking the court to grant the reverse waiver, dismiss the original adult court jurisdiction or declare Wisconsin's adultification and reverse waiver provisions unconstitutional. Judge Carroll spoke of the complexity of the constitutional issues raised and that the Attorney General's Office would handle the matter. They would have 60 days to respond and must do so by August 26 and the defense would need to reply by September 27.

The Judge also requested the state to offer to resolve the case at this stage of the proceedings prior to any determination on the merits of a reverse waiver or motion on the constitutionality of the statutes. Attorney Waldschmidt confirmed a plea deal offer as an adult was made to the boy.

The reverse waiver hearing is now set to conclude on October 8 with at least one other witness expected to testify. Attorney Kilander said there would be a possibility that an additional three people testify shortly thereafter.