January 30, 2017 at 4:01 p.m.
Rhinelander man bound over for trial on sexual assault charge
Rhinelander man bound over for trial on sexual assault charge
Michael K. Pierce, Jr. was charged after a woman came forward to report he sexually assaulted her on New Year's Eve.
According to the report of sheriff's deputy Kelly Moermond, and her testimony at the preliminary hearing, the alleged victim said she met Pierce in downtown Rhinelander Dec. 31 and the alleged assault took place somewhere on Flannery Lake Road.
Under direct examination, Moermond explained that the sheriff's department received a report of the alleged incident from an acquaintance of the alleged victim. The sheriff's office arranged for the woman to be transported first to St. Mary's Hospital and then to Wausau Aspirus Hospital where a sexual assault examination was completed, she added.
Moermond testified the alleged victim told her she asked Pierce to stop "three or four times" but he didn't.
Under cross-examination by Pierce's attorney Chad Lynch, Moermond said the alleged victim admitted both she and Pierce were intoxicated at the time of the alleged assault.
"The (alleged) victim voluntarily went with Mr. Pierce, is that correct?" Lynch asked the deputy.
"Correct," Moermond replied.
Lynch then took the deputy through each part of the alleged assault, asking if the contact appeared to be consensual. She replied to the affirmative.
"For all of them except the last (act) was consensual, correct?" Lynch asked.
"Correct," the deputy replied.
"The first time the (alleged) victim was telling Mr. Pierce to stop was the last time...?" Lynch continued.
"Yes," Moermond replied.
After Moermond stepped down from the witness stand, Lynch asked judge Michael Bloom to find that no sexual assault took place and dismiss the charge.
While Moermond's testimony raises questions as to whether the encounter started out as a consensual liaison, at the point the alleged victim asked Pierce to stop, under state statute 940.225(4) which defines consent, he was obligated to stop, Bloom replied.
"It appears that she agreed to have some form of intimate or sexual contact with him," Bloom said. "The fact that someone agrees to have some form of sexual contact does not give the other person license to do anything of a sexual nature with the person."
He added that there was no indication in Moermond's testimony that the alleged victim did continue to consent throughout the encounter and therefore there is probable cause that a crime was committed. He then ordered Pierce bound over for trial.
An arraignment was set for Feb. 6. Pierce remains in the Oneida County Jail on a $10,000 cash bond.
If convicted of the class C felony, he faces up to 40 years in prison and a fine of up to $100,000.
Jamie Taylor may be reached at [email protected].
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