Sexual Assault of a Child: Confession May be Admissible According to Court of Appeals

Sexual Assault of a Child: Confession May be Admissible According to Court of Appeals

Editor's Note: This story contains graphic details that may not be suitable for all readers.

A case filed in Washburn County Circuit Court in December of 2014 charging a man with sexual assault of a 4-year old child has been returned by the Wisconsin Court of Appeals to Circuit Court.

The charges filed against Adam W. Vice, formerly of Rice Lake, WI, state that Vice had sexual contact with a child born in 2010 at a residence near Sarona, WI in Washburn County.

According to the criminal complaint, the caretaker for the child reported to the Washburn County Sheriff's Office that the four-year-old child described to her a 'game' introduced to the child by Vice which involved actual sexual contact. The criminal complaint alleged that the child victim described Vice licking the victim's body, including the victim's genitalia and buttocks and inserting his finger into both of those areas.

Investigators confirmed that Vice has spent time in the residence mentioned, residing there off and on with members of the victim's family and spending time there when the child was visiting the residence for overnight visits. Forensic interviews were conducted with the child victim at the Chippewa Valley Child Advocacy Center.

Vice voluntarily met with investigators for an interview regarding the allegations and agreed to undergo a polygraph test. The criminal complaint states that the Eau Claire Police Department provided assistance in this process and the polygraph was conducted at their facility.

Vice denied all the allegations during the polygraph test and afterward was informed by investigators that he had failed the polygraph.

Investigators interviewed Vice further, during which Vice stated that he could not remember doing it, but that he must have done it because he failed the polygraph test. The criminal complaint continues stating that Vice then confessed to the sexual assault of the child victim, giving details that matched details given in the initial report of the alleged sexual assault.

Testimony was heard at a motion hearing on this case on May 6, 2015, regarding the interviews that law enforcement conducted with the defendant, including testimony regarding the polygraph test that the defendant took and failed.

According to public record at an oral ruling hearing on September 30, 2015, Circuit Court Judge John P. Anderson, granted the motion to suppress Vice's confession.

The State of Wisconsin filed an appeal of Judge Anderson's decision with the Wisconsin Court of Appeals.

In September 2016, the Wisconsin Court of Appeals published a decision reversing Judge Anderson's order suppressing Vice's confession and sending the case back to Washburn County Circuit Court for further proceedings. The case text of this decision states that Judge Anderson ruled that Vice's confession of the sexual assault was inadmissible because the confession was deemed an involuntary confession because investigators told Vice that he failed a polygraph test.

The decision by the Court of Appeals states that Circuit Court Judge Anderson did not state sufficient facts to support his ruling that the confession was involuntary and therefore inadmissible. The decision states that further fact-finding must be heard in Circuit Court to determine, based on these further findings of the Circuit Court, whether Vice's confession was voluntary.

Vice is scheduled to be in Washburn County Circuit Court again on April 6, 2017.

If convicted of the charge of 1st Degree Child Sexual Assault – Sexual Contact With a Child Under Age 13, a Class B Felony, Vice could face a maximum sentence of 60 years in State Prison.

DrydenWire.com will continue to update the community on this situation when any significant activity or progress develops.

DrydenWire.com reminds our readers that arrested or charged individuals are presumed innocent until convicted by judge or jury.

Social Media Commenting: DrydenWire takes great pride in factual reporting and will not tolerate any defamatory libel statement against any/all parties involved. Any defamation statement will be properly recorded and removed with later evaluation for possible litigious affairs.

Last Update: Mar 31, 2017 10:16 am CDT

Posted In

Share This Article