Found Deceased WI - Iliana Lily Peters, 10, left aunt's, didn't arr hm, bike fnd, Chippewa Falls, 24 Apr 22, *Arrest*

[Justice101]

This one will end up in adult court like it should.

 

[Seattle1]

In comparison to most states, Wisconsin is an odd duck with juvenile proceedings.

Wisconsin Statutes section 938.183(1)(am) gives the adult court jurisdiction over all persons ten years or over who attempted or committed first-degree intentional homicide (“Class A” felony), first-degree reckless homicide (“Class B” felony), or second-degree intentional homicide (“Class B” felony).

While in most states the decision is whether or not to try the defendant as an adult, in Wisconsin, it becomes whether or not to charge all persons ten years or over (charged with Class A, B, felony) as a juvenile in juvenile court.

I've never followed a juvenile case under this law so not sure what to expect as to mitigating factors typically allowed here.

The defense counsel for the accused has a busy trial calendar this fall and sounds like the petition hearing could be delayed until 2023.

I did find a few references to read up on:

https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=5307&context=mulr

COURT OF APPEALS

https://docs.legis.wisconsin.gov/statutes/statutes/938.pdf

 

[Seattle1]

This one will end up in adult court like it should.

Actually, it's already in adult court. In Wisconsin, the decision becomes whether or not to send the case to juvenile court. IMO, this reverse petition hearing will be a lengthy but interesting hearing.

 

[cocomod]

Actually, it's already in adult court. In Wisconsin, the decision becomes whether or not to send the case to juvenile court. IMO, this reverse petition hearing will be a lengthy but interesting hearing.

Thank you so much for the updates!

 

[Niner]

Docket:
Date Event Court official Court reporter Amount
09-01-2022 Waiver of preliminary hearing Lane, Benjamin J. Dillon, Connie

09-01-2022 Video conferencing

09-01-2022 Review hearing Lane, Benjamin J. Dillon, Connie
Additional text:
1:01 PM Attorney Wade Newell in court for State of Wisconsin. Attorney Sheila M. Yohnk in court for State of Wisconsin. Defendant C.T.P.-B. appeared by video, in custody. Attorney Michael R. Cohen appeared by video for C.T.P.-B.
DA Newell states case and notes appearances.
Attorney Cohen states Defendant will waive preliminary hearing.
Court notes requirements for waiver of preliminary hearing.
Attorney Cohen makes statement.
Attorney Cohen stipulates to probable cause.
DA Newell makes statement.
Court finds probable cause as to Count 1 and binds Defendant over for further proceedings.
Court addresses Attorney Cohen regarding jurisdiction.
Attorney Cohen will be filing Reverse Waiver.
Attorney Cohen reviewing Discovery and requests Status.
Attorney Cohen determining availability of witnesses and experts.
DA Newell makes statement regarding scheduling of Reverse Waiver.
01:12 PM Off the record to schedule status.
01:14 PM Back on the record, appearances the same.
Attorney Cohen may appear by phone for scheduling conference.
Parties agree to waiver of Defendant's appearance. Defendant's appearance waived.
DA Newell requests by 938.183(1)(ar) that Count 2 and Count 3 be joined.
Court finds Count 2 and Count 3 are transactionally related.
Bond continued.
Scheduling conference scheduled for September 29, 2022 at 08:30 am.

09-01-2022 Notice of hearing
Additional text:
Scheduling conference on September 29, 2022 at 08:30 am.

08-30-2022 Waiver
Additional text:
of Preliminary Examination, Defendant's

08-25-2022 Letters/correspondence
Additional text:
from Attorney Cohen re: Preliminary Hearing (corrected) (sent for review)

08-25-2022 Letters/correspondence
Additional text:
from Attorney Cohen re: Preliminary Hearing (sent for review)


Court activities
Date Time Location Description Type Court official
09-29-2022 08:30 am Chippewa County Courthouse, Branch 3 Scheduling conference Court Lane, Benjamin J.


link: Wisconsin Circuit Court Access

 

[Lusitana]

I’m so glad her community is honoring her with the love and respect she deserves. This poor kid didn’t deserve the horrible things she went through. I hope she’s at peace and knows people care about her.

 

[Niner]

Thursday, Sept. 29th:
*Scheduling Conference Hearing (@ 8:30am ET) - WI - Iliana “Lily” Peters (10) (left aunt's, didn't arrive home, bike found, reported missing April 24, 2022 @ 9pm, found April 25, 2022 @ 9:15am located near the walking trail at the end of North Grove St. at the Jacob Leinenkugel Brewery Co. parking lot, Chippewa Falls) - *C. T. P-B. (14) arrested & charged (4/26/22) & arraigned (4/27/22) with 1st degree intentional murder & 1st degree sexual assault/great bodily harm & 1st degree sexual assault on a child under 13 resulting in great bodily harm. Cash bond of $1M.
Case & court info from 4/27/22 thru 6/24/22 reference post #952 here:
https://www.websleuths.com/forums/t...hippewa-falls-24-apr-22-arrest.620807/page-48
9/1/22 Update: The attorney for the teenager charged in the homicide of 10-year-old, Lily, says his client plans to waive his right to a preliminary hearing Thursday. The hearing is scheduled for 1pm in Chippewa County Court. A preliminary hearing is when the judge decides if there is enough evidence against the defendant for the case to move forward in court. In a letter to the judge, attorney Michael Cohen says he and his client will put on record at the hearing that the facts contained in the criminal complaint are sufficient for the court to find probable cause. 8/25/22: From attorney Cohen re preliminary hearing (sent for review). 8/30/22: Waiver of defendant's preliminary exam.
9/2/22 Update: Attorney Wade Newell in court for State of Wisconsin. Attorney Sheila M. Yohnk in court for State of Wisconsin. Defendant C.T.P.-B. appeared by video, in custody. Attorney Michael R. Cohen appeared by video for C.T.P.-B. DA Newell states case & notes appearances. Attorney Cohen states Defendant will waive preliminary hearing. Court notes requirements for waiver of preliminary hearing. Attorney Cohen makes statement. Attorney Cohen stipulates to probable cause. DA Newell makes statement. Court finds probable cause as to Count 1 & binds Defendant over for further proceedings. Court addresses Attorney Cohen regarding jurisdiction. Attorney Cohen will be filing Reverse Waiver. Attorney Cohen reviewing Discovery & requests Status. Attorney Cohen determining availability of witnesses & experts. DA Newell makes statement regarding scheduling of Reverse Waiver. Attorney Cohen may appear by phone for scheduling conference. Parties agree to waiver of Defendant's appearance. Defendant's appearance waived. DA Newell requests by 938.183(1)(ar) that Count 2 & Count 3 be joined. Court finds Count 2 & Count 3 are transactional related. Bond continued. Scheduling conference scheduled for 9/29/22 @ 8:30am.

 

[Tippy Lynn]

New judge assigned to Lily Peters homicide case

According to online court records, Judge Steven Gibbs will now handle the case.

www.weau.com

 

[Tippy Lynn]

Next court dates for Lily Peters homicide case scheduled for 2023

According to online court records, the next hearing will be held in August of 2023.

www.weau.com

 

[Niner]

Next court dates for Lily Peters homicide case scheduled for 2023

According to online court records, the next hearing will be held in August of 2023.

www.weau.com

Next hearing Aug. 7 of 2023 - ??!! Geez...

 

[Tippy Lynn]

Court Link:
Wisconsin Circuit Court Access

Chippewa County Case Number 2022CF000265 State of Wisconsin vs. C.T.P.-B.
DA case number: 2022CH000825
Prosecuting Attorney: Wade Newell
Official: Steben H. Gibbs (previously, Benjamin J. Lane)
Next Court Hearing, August 7, 2023, 9:00 am

Date	Time	Location	Description	Type	Court official
08-07-2023	09:00 am	Chippewa County Courthouse, Branch 1	Hearing	Court	Gibbs, Steven H.
08-08-2023	09:00 am	Chippewa County Courthouse, Branch 1	Hearing	Court	Gibbs, Steven H.
08-09-2023	09:00 am	Chippewa County Courthouse, Branch 1	Hearing	Court	Gibbs, Steven H.
08-10-2023	09:00 am	Chippewa County Courthouse, Branch 1	Hearing	Court	Gibbs, Steven H.
08-11-2023	09:00 am	Chippewa County Courthouse, Branch 1	Hearing	Court	Gibbs, Steven H.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
09-27-2022 Notice of hearing
Additional text:
Hearing on August 7, 2023 at 09:00 am.

09-26-2022 Notice of assignment of judge

09-26-2022 Order assigning judge/judicial assignment order Gibbs, Steven H.

09-21-2022 Application for specific judicial assign approved Lane, Benjamin J.

09-21-2022 Request for substitution
Additional text:
of Judge - filed by Attorney Michael R. Cohen

09-14-2022 Transcript
Additional text:
Waiver of Preliminary Hearing 9/1/2022

09-09-2022 Information


Court activities
Date Time Location Description Type Court official
08-07-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-08-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-09-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-10-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-11-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

link: Wisconsin Circuit Court Access

 

[Niner]

Oops - I did not see your post @Tippy Lynn - oh well!

 

[Seattle1]

New judge assigned to Lily Peters homicide case

According to online court records, Judge Steven Gibbs will now handle the case.

www.weau.com

From the link:

An application for a substitution of judicial assignment filed by the suspect’s attorney, Michael Cohen, was approved on Sept. 21, with [Steven] Gibbs assigned the case Monday, according to online court records. According to the document filed with the court on Sept. 21, no reason was given for the request.

The filing cited Wisconsin Statute 970.20, which allows a defendant to request one judicial substitution.

 

[Seattle1]

New judge assigned to Lily Peters homicide case

According to online court records, Judge Steven Gibbs will now handle the case.

www.weau.com

According to the link, there was a scheduling conference scheduled for Thursday, Sept 29.

A scheduling conference is scheduled for Thursday, Sept. 29, according to online court records.

As to the next hearing not scheduled until Aug 2023, I believe this could change since Defense Attorney previously advised his plans to file a reverse petition for this case to be sent to juvenile court. IMO, the request by the defense to substitute branch 1 Judge Steven Gibbs for the previous branch 3 judge was especially in light of the reverse waiver hearing. MOO

The suspect waived his right to a preliminary hearing on Aug. 31. Attorney Cohen planned to file for a reverse waiver hearing in an attempt to move the case to juvenile court.

 

[Seattle1]

The new judge for the case is a native to Chippewa County:

Gov. Walker appoints new Chippewa Co. Circuit Court judge

Governor Walker says Gibbs, a Chippewa Falls native, brings both experience and a commitment to fundamental constitutional principles.

www.weau.com

Published: Dec. 14, 2016 at 7:39 PM PST

Governor Walker appoints a new judge, the Chippewa County District Attorney.

Steven Gibbs has been selected as a judge on the Chippewa County Circuit Court, replacing retiring Judge Roderick Cameron.

Governor Walker says Gibbs, a Chippewa Falls native, brings both experience and a commitment to fundamental constitutional principles.

Gibbs says he looks forward to serving the citizens of Chippewa County for years to come.

"I started my career in the judicial area and i wanted to end it in the area. Its about serving the constituents of Chippewa County. I'm humbled and honored that the governor picked me," Gibbs said.

 

[Seattle1]

https://www.seehafernews.com/2022/09/27/new-judge-assigned-to-chippewa-county-murder-case/

 

[Bishop Black]

Teen charged with rape and murder of Lily Peters is son of pedophile

The father of 14-year-old charged with murder is Adam Berger, 37, who spent three years in jail after being caught with a stash of pornographic images of prepubescent girls.

www.dailymail.co.uk

The 14-year-old boy charged with the rape and murder of Wisconsin girl Lily Peters is the son of a convicted pedophile.

AB, 37, spent three years in jail after being caught with a stash of pornographic images of prepubescent girls on his phone.

AB’s son CPB, 14, is now facing a possible life sentence after being charged with three counts over Lily's death: first-degree intentional homicide, first-degree sexual assault and first-degree sexual assault of a child.

In court, prosecutors said CPB planned to 'rape and kill the victim from the get-go when he left the house with the victim to go down the trail'.

Chippewa County District Attorney Wade Newell added: 'He punched the victim in the stomach, knocked her to the ground, essentially strangled her, hit her with a stick, before strangling her to the point of death – before he then sexually assaulted her.'

 

[Niner]

Court Record
Date Event Court official Court reporter Amount
11-07-2022 Notice of hearing
Additional text:
Telephone scheduling conference on January 9, 2023 at 08:30 am.

11-03-2022 Notice of retainer
Additional text:
Attorney Alicia Linzmeier

11-01-2022 Letters/correspondence
Additional text:
from Attorney Michael R. Cohen in response to Correspondence filed 10/31/2022 by DA Newell (sent for review)

10-31-2022 Letters/correspondence
Additional text:
Filed by DA Newell, Requesting to schedule a status conference - Sent for review

10-27-2022 Memorandum
Additional text:
of Law "Reverse Waiver" - filed by DA Newell (sent for review)

10-19-2022 Stipulation for P.-B., C. T.
Additional text:
Agreement for Release of Body


Court activities
Date Time Location Description Type Court official
01-09-2023 08:30 am Chippewa County Courthouse, Branch 1 Telephone scheduling conference Court Gibbs, Steven H.

08-07-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-08-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-09-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-10-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

08-11-2023 09:00 am Chippewa County Courthouse, Branch 1 Hearing Court Gibbs, Steven H.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, January 9th:
*Telephone Scheduling Conference Hearing (@ 8:30am ET) - WI - Iliana “Lily” Peters (10) (left aunt's, didn't arrive home, bike found, reported missing April 24, 2022 @ 9pm, found April 25, 2022 @ 9:15am, located near the walking trail at the end of North Grove St. at the Jacob Leinenkugel Brewery Co. parking lot, Chippewa Falls) - *C. T. P-B. (14) arrested & charged (4/26/22) & arraigned (4/27/22) with 1st degree intentional murder & 1st degree sexual assault/great bodily harm & 1st degree sexual assault on a child under 13 resulting in great bodily harm. Cash bond of $1M.
Case & court info from 4/27/22 thru 9/1/22 reference post #968 here:
https://www.websleuths.com/forums/t...hippewa-falls-24-apr-22-arrest.620807/page-49
9/2/22 Update: Attorney Wade Newell in court for State of Wisconsin. Attorney Sheila M. Yohnk in court for State of Wisconsin. Defendant C.T.P.-B. appeared by video, in custody. Attorney Michael R. Cohen appeared by video for C.T.P.-B. DA Newell states case & notes appearances. Attorney Cohen states Defendant will waive preliminary hearing. Court notes requirements for waiver of preliminary hearing. Attorney Cohen makes statement. Attorney Cohen stipulates to probable cause. DA Newell makes statement. Court finds probable cause as to Count 1 & binds Defendant over for further proceedings. Court addresses Attorney Cohen regarding jurisdiction. Attorney Cohen will be filing Reverse Waiver. Attorney Cohen reviewing Discovery & requests Status. Attorney Cohen determining availability of witnesses & experts. DA Newell makes statement regarding scheduling of Reverse Waiver. Attorney Cohen may appear by phone for scheduling conference. Parties agree to waiver of Defendant's appearance. Defendant's appearance waived. DA Newell requests by 938.183(1)(ar) that Count 2 & Count 3 be joined. Court finds Count 2 & Count 3 are transactional related. Bond continued. Scheduling conference scheduled for 9/29/22 @ 8:30am.
9/14/22: Waiver of preliminary hearing. 9/21/22: Request for substitution of Judge filed by attorney Michael Cohen. Application for specific judicial assign approved by Judge Benjamin J. Lane. 9/26/22 Order assigning Judge/Judicial assignment Order to Judge Steven M. Gibbs.
9/26/22: Steven Gibbs, who was appointed to the Chippewa County Circuit Court by then-Gov. Scott Walker in 2016, is the new judge for the case. An application for a substitution of judicial assignment filed by the suspect’s attorney, Michael Cohen, was approved on Sept. 21, with Gibbs assigned the case Monday. According to the document filed with the court on Sept. 21, no reason was given for the request. The filing cited Wisconsin Statute 970.20, which allows a defendant to request one judicial substitution. The suspect is facing charges of 1st degree intentional homicide, 1st degree sexual assault resulting in great bodily harm & 1st degree sexual assault of a child under the age of 13 in the death of 10-year-old Iliana “Lily” Peters. Two of the three charges carry a maximum lifetime sentence in prison. The suspect waived his right to a preliminary hearing on Aug. 31, 2022. Attorney Cohen planned to file for a reverse waiver hearing in an attempt to move the case to juvenile court.
9/29/22 Update: The next hearing in the case is scheduled for 8/7/23. Online court records show five days of hearings scheduled for each morning the week of Aug. 7 in Chippewa County Circuit Court. The online records also show the new judge assigned to the case, Steven Gibbs, as the court official.
10/19/22: Agreement/stipulation for release of body. 10/27/22: Memorandum of Law "Reverse waiver" filed by DA Newell. 10/31/22: Filed by DA Newell, requesting to schedule a status conference. 11/1/22: Letter from attorney Michael R. Cohen in response to correspondence filed 10/31/22 by DA Newell. 11/3/22: Notice of retainer: attorney Alicia Linzmeier. 11/7/22: Notice of hearing. Telephone scheduling conference hearing on 1/9/23 @ 8:30am.