David Villareal appears in court via video conference June 29, 2022. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) — Former Green Bay teacher David Villareal says his conviction for sexually assaulting students should be overturned because the judge should not have combined the cases involving separate victims, according to an appeal filed Tuesday.
Villareal, now 50, was convicted by a jury in April 2023 of four charges, including three of first-degree child sexual assault for incidents in 2015 and 2016. The four girls were students at Baird Elementary School and 7 and 8 years old at the time.
Villareal was sentenced to 50 years in prison.
The claims by the victim identified as MV were significantly different than those for the other two victims, attorney Kirk Obear wrote in the appeal.
“Insufficient justification existed under the facts of the instant case to merit joinder of all the charges under the umbrella of a single trial. If anything, the charges relating to MV should have been severed from the rest for the reasons explained below,” the appeal states.
The appeal also argues the way in which the various charges were combined into one case was done improperly by the court.
“In this case, it was fundamentally unfair for the court to render a ruling on joinder sua sponte without affording Mr. Villareal the “procedural protection” of a meaningful opportunity to be heard,” the appeal states.
The appeals asks for the conviction to be reversed and for new, separate trials to be held.
The state has not responded to the filing. That is due Feb. 26.
No oral arguments have been requested. It will likely be several months before a decision is reached.
Comments