GREEN BAY, WI (WTAQ-WLUK) — A judge heard arguments Monday on if DNA evidence tying a teen to an attack on a De Pere trail will be allowed at trial, but the judge did not immediately issue a decision.
Miles Cruz, 17, has pleaded not guilty to five counts, including attempted homicide, first-degree sexual assault, kidnapping and strangulation for the Oct. 5 incident. Under Wisconsin law, 17-year-olds are prosecuted in adult court for criminal cases.
According to the criminal complaint, the victim was walking on the East River Trail with her son when the attack happened. Prosecutors allege Cruz put a sweatshirt over the victim’s head, pulling her backwards. The victim told police she fought to get away, but the attacker squeezed her neck, causing her to lose consciousness. However, she did remember being sexually assaulted.
Police found Cruz’s backpack in the area and later found him as well. He said he had slept in a nearby park in Allouez. DNA evidence tied Cruz to the victim, the criminal complaint says.
At a hearing Monday, police detective testified about his interview with Cruz and the consent questions he asked before taking samples from his fingernails and mouth. The attorneys then argued their points for and against allowing the evidence at the five-day trial, currently scheduled to start Oct. 24.
Judge Tammy Jo Hock initially said she planned to issue a decision in writing, but then said she might deliver it at a hearing Aug. 15.
