Brad Schimel did not seek jail time for 17-year-olds who assaulted younger teens in early 2000s

MADISON - Attorney General Brad Schimel did not recommend jail time in a pair of cases where 17-year-olds sexually assaulted younger victims when he was a county prosecutor in the early 2000s, court records show.

The cases are drawing criticism from Democrats as the GOP attorney general heads into his re-election bid.

As an assistant district attorney in Waukesha County in 2003, Schimel prosecuted Dustin Yoss for attacking two 15-year-olds. In one incident, Yoss was alleged to have held down a girl and pulled down his pants before she escaped.

In another, Yoss allegedly badgered a different 15-year-old to have sex with him and offered her $500 to do so. She repeatedly refused but eventually relented. Afterward, he allegedly badgered her to have sex a second time until she agreed. During that second time, she told him to stop but he wouldn’t stop, according to the criminal complaint.

Schimel charged Yoss with five felonies and four misdemeanors. In 2004, he reached a deal in which Yoss pleaded guilty to second-degree sexual assault of a child. The other charges were dismissed, though some of them could be considered for sentencing purposes.

The judge gave Yoss one year in jail and 15 years of probation.

Schimel made no sentencing recommendation, other than to ask that the judge bar Yoss from contacting the victims.

The victims said they did not necessarily want Yoss to go to prison but wanted to make sure he didn’t do anything like this again, Schimel told the judge at the time.

“Both victims consider their decisions they made that night to be very bad judgment to put themselves in the bedroom alone with Mr. Yoss,” Schimel told the judge.

As to the victim who eventually agreed to have sex, Schimel told the judge, “She said no, no, no, no, but then eventually gave in and then let the defendant do it out of fear. That’s a little tougher call to — or a lot tougher call to make the force allegation, and she knows that.”

Schimel's comments drew a rebuke from Joanna Beilman-Dulin, research director of the liberal group One Wisconsin Now.

“I think it is dismissive of the victims,” she said. “It feels sort of like victim blaming.”

She questioned whether Schimel takes youthful sexual assaults seriously enough. She said the issue is important at a time when U.S. Supreme Court nominee Brett Kavanaugh has come under scrutiny for alleged assaults that he denies. 

Schimel spokesman Johnny Koremenos in a statement emphasized that Schimel secured a felony conviction and said he took a "victim-centered approach."

Koremenos said he did not see what the case had to do with Kavanaugh's nomination and noted Schimel's Democratic opponent, Josh Kaul, did not handle sex assault cases when he was a prosecutor. 

"Josh Kaul did not prosecute a single sexual assault case in his measly career as a prosecutor in Baltimore. Not one. Ever," Koremenos said in his statement. "Brad Schimel has been recognized as a leader among his peers for his work on behalf of victims of crime, which is why he was named professional of the year (in 2006) by the Wisconsin Victim Witness Professionals."

Kaul spokeswoman Gillian Drummond said Kaul has prosecuted murderers, gang members and drug dealers. 

"As attorney general, he'll ensure that getting justice for survivors of sexual assault is a priority," she said in a statement.

2004 case ended in deal

In another case, Schimel in 2004 charged Sean Kebbekus with second-degree sexual assault of a child. In a plea deal, he reduced the charge to third-degree sexual assault.

Kebbekus was 17 and the girl was 15. According to the criminal complaint, she agreed to go to a party with him, but he instead drove her to a cul-de-sac and took off his pants. He removed her clothing and began having sex with her. She loudly told him to stop several times and he stopped. He told her if she told anyone about it he would do it again, according to the complaint.

Schimel recommended three to five years of probation for Kebbekus. He told the judge if Kebbekus violated the terms of his probation, the court could determine then what punishment he should face.

“I think under all the circumstances here, it’s appropriate to place him on probation and give him an opportunity to succeed, but if he fails, have the possibility of a sentence awaiting him,” Schimel told the judge.

The judge sentenced Kebbekus to four months in jail and five years of probation.

Koremenos said Schimel took into account what victims wanted in the 2003 and 2004 cases.

“Brad Schimel took a victim-centered approach and considered the (victims') wishes in making decisions related to these prosecutions," he said in his statement.