Lawyers say law keeping 12-year-old homicide suspect's case in adult court is 'unconstitutional'

A decision on whether a 12-year-old Milwaukee boy charged with killing his mother two years ago will remain in adult court could come next month.

Milwaukee County Juvenile Court Judge Jane V. Carroll on Tuesday heard from additional witnesses called by the boy's defense lawyers, who have been working months to have his case moved into the juvenile system.

Carroll ended the day without rendering a decision. Another hearing was scheduled for Nov. 18.

Here's what prosecutors say happened

According to court records, the boy told police he was upset at his mother for not buying him something on Amazon and for waking him up early one morning. Prosecutors allege he retrieved his mother’s gun from a lockbox, using his mother’s key, and shot her in November 2022.

The child was 10 at the time. He's charged with first-degree intentional homicide.

What is the law concerning juvenile charged with serious crimes?

Wisconsin law allows for children as young as 10 to be charged as adults for certain serious crimes, at least to start the case. Those crimes include first-degree intentional homicide, first-degree reckless homicide and attempted first-degree intentional homicide.

Lesser charges, such as attempted first-degree reckless homicide or attempted second-degree intentional homicide, start in juvenile court.

Prosecutors have for months argued the seriousness of the crime warranted adjudicating the matter in adult court. The child's lawyers have pushed for the case to be handled within the juvenile justice system, where he would be better positioned to receive more specialized treatment and age-appropriate services.

At a reverse waiver hearing Tuesday, the child could be seen doodling or drawing on a piece of paper, while seated at the defense table between his lawyers Angela Cunningham and Tanner Kilander.

Defense challenges constitutionality of Wisconsin statute

Cunningham argued on Tuesday that the Wisconsin statute is unconstitutional, disproportionately affects Blacks and lays the foundation for mass incarceration.

Meting out the case in the adult system would deprive the boy of access to services he might need to prepare him for life after his eventual release, Cunningham said. That would potentially leave him at "a huge disadvantage" for recidivism and being victimized, she said.

"(The boy) is accused of doing something when he was 10 years old," Cunningham said. "Children at that age are more immature and impulsive ... and can't appreciate the seriousness of an offense of this nature."

Assistant District Attorney Gil Urfer noted the act for which the child is accused demonstrated some level of intention and planning. Transferring the case to juvenile court, where the case could be disposed of anywhere from a year to when the child turns 25, would "depreciate the seriousness of the offense."

"The way it was perpetrated ... requires that the response be, to some extent, public," Urfer said. "The public needs to know ... when you take action like this, under these circumstances, there's a response from the justice system."

The child is in custody. The Milwaukee Journal Sentinel is not identifying him because of his age.

This article originally appeared on Milwaukee Journal Sentinel: Lawyers say law keeping 12-year-old homicide suspect's case in adult court is 'unconstitutional'