Sex Assault Conviction Tossed By Madison Judge

MADISON, Wis. (WTAQ) - A state appeals court threw out a sexual assault conviction Thursday against a Jefferson County man. The 4th District Appellate Court in Madison said a judge was wrong to admit video evidence in a case against 28-year-old Miguel Marinez Jr. He was convicted of molesting his 4-year-old step-daughter in late 2007, and was sent to the prison in Black River Falls for a 6 year sentence.

On the videotape, the girl accused Marinez of burning her hands before the sexual contact. Circuit Judge Randy Koschnick allowed the tape as evidence, saying it helped identify Marinez and provided context in the molestation case. But the appellate court said the hand-burning was not connected to the sexual assault, and therefore it should have not been used against Marinez. There was no immediate word on whether the state would appeal the dismissal.