MILWAUKEE (WTAQ) - A state appeals court has ordered a new trial for a suburban Milwaukee man convicted of molesting a young girl.
The girl told authorities that Darryl Badzinski of West Allis, who’s now 56, sexually assaulted her sometime between 1995 and ’98 in the laundry room of his parents’ house.
A jury convicted Badzinski in 2010 of first-degree sexual assault, and he was sentenced to nine months in jail plus five years of probation. But he contended that Milwaukee County Circuit Judge Dennis Cimpl made a mistake in giving instructions to the jury.
And the First District Appellate Court agreed that the judge erroneously told jurors they did not have to agree on where the sexual assault took place.
The appellate court said that if jurors agreed the girl’s story, they also had to agree that it took place in the laundry room – because nothing suggested that it happened anywhere else.