MADISON, Wis. (AP) — A West Allis man accused of sexual assault will get a new trial.
A 15-year-old girl alleged in 2009 that Darryl Badzinski sexually assaulted her in his parents’ laundry room between October 1995 and April 1998. A jury convicted him of first-degree sexual assault of a child in 2010.
The 1st District Court of Appeals ruled Tuesday Badzinski deserves a new trial because Milwaukee County Circuit Judge Dennis Cimpl mistakenly instructed jurors they didn’t have to agree on where the assault happened. The court found the jury had to agree the assault took place in the laundry room since nothing suggests it happened anywhere else.
A spokeswoman with the state Justice Department, which handles felony appeals for local prosecutors, says the agency may ask the state Supreme Court to review the case.