MILWAUKEE — The wait continues to see whether a 12-year-old homicide suspect will move to the juvenile justice system.
The Milwaukee boy is charged as an adult currently and accused of shooting and killing his mother in 2022 for refusing to buy a virtual reality headset.
A Milwaukee County judge addressed the holdup during a hearing Tuesday.
"I know for those of you who are wanting a resolution of this case that is disappointing, but there is a necessary witness who became unavoidably unavailable," Judge Jane Carroll told the courtroom.
The defense argues that the pre-teen suffers from mental health issues and that the adult system does not have adequate treatment. The defendant's attorneys called Alisha Kraus, a Wisconsin Department of Corrections employee who oversees adult programs, to the witness stand.
"The large number of people who are on the waitlist, let's say for the cognitive behavioral programming. Are you able to accommodate everyone when they're getting close to release who are identified as needing that programming," Attorney Angela Cunningham asked.
"No," Kraus replied.
The prosecution pushed back, pressing that even if the 12-year-old suspect received an adult sentence he would start at Lincoln Hills, a secure detention center for young males, and receive services there until at least his 18th birthday.
"There would be no bar, if you know, to them receiving services there simply because they received an adult sentence," prosecutor Sara Waldschmidt asked.
"No we would encourage them to receive services while they are there," Kraus responded.
There is a lot of homework extending these early stages of the homicide case that started nearly two years ago.
That includes the defense's task to weed through its data analysis to finish making its argument.
At the same time, the Attorney General needs to be notified of the constitutional challenge to the law behind this reverse waiver process.
The next court date is October 8.
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