WI- New trial ordered for convicted sex offender

Public sex offender registries are one reason why it is virtually impossible for sex crimes to receive a fair trial, this is proof of that premise.

12-11-2008 Wisconsin:

A sex offender who was sentenced to four life terms in prison in July 2007 will receive a new trial after the state Court of Appeals ruled extraneous information was introduced while the jury was deliberating in the case.

The state Court of Appeals ruled that the jury brought extraneous information that was “highly prejudicial” into the jury room while they were deliberating the fate of Joseph J. Spaeth in July 2007.

The jury convicted Spaeth, 41, of four counts of first-degree sexual assault of a child as a persistent repeater. According to the criminal complaint, Spaeth inappropriately touched three children, ages 7, 6, and 3, in February 2006, and court records show Spaeth was previously convicted of sexual assaults in 1991 and 1993.

While deliberating, the jury requested the to look at the statement Spaeth gave to the Oshkosh Police Department and were allowed to look at a redacted version of the statement. A juror recognized the address on the statement and informed the other jurors that a registered sex offender resided there. This information was not presented during the jury trial, according to the order granting a new trial.

Under Wisconsin law, individuals who have previously been convicted of a child sex offense automatically receive a life sentence without parole if convicted of another offense.

A new trial has been scheduled before Winnebago County Circuit Court Judge William Carver on Jan. 12. ..News Source.. by Northwestern staff