The case of a Waukesha teen accused of sexually assaulting an 87-year-old woman has been halted pending an appeal
WAUKESHA - The adult criminal case against Khalil Perry will not proceed further for now, though whether the teen accused of sexually assaulting an 87-year-old woman last fall will return to juvenile court remains uncertain.
On Tuesday, Waukesha County Circuit Judge Jennifer Dorow granted a request by Perry's attorney, Nicole Ostrowski, to stay the proceedings as the defense seeks a state Court of Appeals ruling to overturn a juvenile court judge's decision that waived the case into adult court.
However, Dorow placed a 90-day time limit on the stay order, giving time for an appeal to begin but forcing the case to be revisited in August to see if it should proceed or be delayed further.
Deputy District Attorney Michael Thurston confirmed Tuesday that his office remains concerned about any delay. The age of the Waukesha victim and her role in the case were, Thurston previously argued, compelling reasons to deny Ostrowski's motion to delay.
Perry, 14, of Waukesha was charged in December in the alleged sexual assault, robbery, kidnapping and carjacking of the woman, who was dropping off her books at the automated return machine outside the Waukesha Public Library on Nov. 30.
According to both a juvenile petition and criminal complaint, Perry approached her car, became "enraged" for some unspecified reason, then held a knife to her throat as he forced her into the passenger seat and drove off.
The sexual assault happened within a few blocks of the library before Perry drove off with her car, cellphone and wallet, according to court documents. He was arrested shortly thereafter after police spotted him driving the victim's car.
The case began in juvenile court, but the Waukesha County District Attorney's office quickly began the process of trying to get the case moved to the adult court's jurisdiction. That process seemingly concluded on April 28 when juvenile court Judge Maria Lazar sided with the state in waiving the proceedings into adult court.
Days later, Ostrowski filed a motion asking Dorow to delay the adult case, citing "irreparable harm" to Perry if the adult case were allowed to proceed before the case could find its way back to juvenile court.
Dorow rejected Ostrowski's initial motion last week, but only because of a technicality: the stay request had been filed before Ostrowski filed an interlocutory appeal, the action that could force the case to return to juvenile court.
Ostrowski had argued that two experts had offered opinions suggesting that Perry would receive the treatment he needs in the juvenile justice system.
Prosecutors disagreed, saying that those offering defense testimony were not expert enough on the juvenile care programs. Ultimately, the seriousness of the charges against Perry warranted the waiver into adult court, officials argued.
Dorow — in granting Ostrowski's second stay motion Tuesday, six days following her interlocutory appeal — set an Aug. 5 status hearing on the adult case. At that time, Ostrowski could ask for another stay, depending on the status of her appeal.
The timeline for the appeal was unknown as of Tuesday afternoon.
More: How this Milwaukee woman is helping others who've experienced sexual assault and domestic violence
Contact Jim Riccioli at (262) 446-6635 or james.riccioli@jrn.com. Follow him on Twitter at @jariccioli.
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This article originally appeared on Milwaukee Journal Sentinel: Case of Waukesha teen accused in library assault halted pending appeal
