MADISON, Wis. (AP) — The Wisconsin Supreme Court won’t reconsider its decision to deny a new trial to an Illinois man accused of participating in a gang rape in 1998.
A University of Wisconsin-Whitewater freshman accused Dimitri Henley and two others of sexually assaulting her. A jury convicted Henley in 2000.
A judge granted Henley a new trial in 2008 after a federal appeals court granted a new trial for a co-defendant.
Last summer the Supreme Court reversed the ruling, clarifying that criminal defendants can’t use civil statutes to request new trials.
Henley filed a motion for reconsideration, arguing that Justice Pat Roggensack should be recused because she ruled on the co-defendant’s case as an appellate judge.
Attorney Keith Findley says they may pursue other federal court options, including the U.S. Supreme Court.