Blomberg to get five separate jury trials for sexual assault charges

Posted 12/13/22

By Reagan Hoverman Wyatt James Blomberg, 18, of Ellsworth, who is charged with and has pled not guilty to eight counts of sexual assault and misconduct charge,s is now likely to get five separate …

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Blomberg to get five separate jury trials for sexual assault charges

Posted

By Reagan Hoverman

Wyatt James Blomberg, 18, of Ellsworth, who is charged with and has pled not guilty to eight counts of sexual assault and misconduct charge,s is now likely to get five separate jury trials, one for each victim alleging misconduct, as was determined at an oral ruling at the Pierce County Courthouse on Wednesday, Dec. 7, in Ellsworth.

When the initial charges of sexual misconduct were filed, which included six counts of sexual assault, one count of underage sexual activity and one count of exposing genitals, all of the charges had been filed together under one criminal complaint. Those charges were filed in Pierce County on Tuesday, March 29.

After an initial appearance earlier this year, Blomberg’s defense attorney, Aaron Nelson, filed a motion to sever the charges. Severing them would mean that Blomberg would be charged with the alleged misconduct of each victim individually, instead of one trial for the eight charges and five victims.

The severance paperwork was filed in Pierce County on Thursday, Aug. 18. Both Blomberg’s defense attorney and Pierce County Assistant District Attorney Joseph Schieffer submitted written arguments as to why the charges either should or shouldn’t be severed.

Blomberg’s defense argued that although the charges are similar, they aren’t inherently linked to one another. The facts of each individual accusation don’t overlap with one another, the time frame ranges from 2019 to more than 14 months later in 2021, and there isn’t one common scheme linking all of the charges together. Blomberg’s defense also argued that each alleged sexual assault took place in a different location and time, therefore nothing linked one alleged assault to another.

Schieffer, as the representative of the State of Wisconsin, submitted a written argument that countered the points of the defense. The state argued that although separate incidents, all of the victims alleging misconduct are in the same age range, the alleged incidents took place within a fairly similar timeline and the facts of each case are similar in nature, therefore they can and should be charged together.

After considering both arguments, Circuit Court Judge Rian Radtke, the judge from Trempealeau County presiding over Blomberg’s case, provided his decision. Judge Radtke sided with the defense, stating that although they are similar in nature, the alleged sexual assaults aren’t inherently linked to one another.

Based on the stated facts and arguments provided, Radtke didn’t see that the alleged sexual assaults were linked through one common scheme or plan. He also stated that the time frame varies from count to count, the incidents never overlap with one another and they occurred – at one point – more than a year apart.

With the charges officially severed, Blomberg is slated to face one jury trial for each of the five victims alleging sexual misconduct. While no official timeline has been given, jury trials in the Blomberg case could begin in early winter of 2023.

However, if Blomberg filed for a speedy trial or the victims filed for a speedy disposition, those dates could be moved up and the legal process could essentially be expedited – neither of those has occurred yet.

A status conference as to how the case will proceed is scheduled for Wednesday, Jan. 11, at the Pierce County Courthouse in the north courtroom. The status conference is scheduled to begin at 10:45 a.m.