Without showing a single sign of emotion, a 14-year-old boy listened Friday morning as a judge found him guilty for his role in the Labor Day gang rape of an 11-year-old girl.

The boy's mother audibly gasped and silently wiped tears from her eyes as Milwaukee County Children's Court Judge Dennis Cimpl handed down his verdict that found the boy guilty of being party to the crime of first-degree sexual assault of a child.

The boy was the first to go on trial in the case so far. In all, 15 juveniles and adults have been charged. Eleven have pleaded guilty.

Before handing down his ruling, Cimpl ruled that a DVD of a police interview with the 11-year-old girl could be admitted in the case. "The incontrovertible testimony of the victim is compelling and believable," he said. "There's no question this 11-year old girl is telling the truth that she was brutally raped that evening."

He recounted information from the tape in which the girl said she had gone to the home of a 16-year-old girl friend "for five minutes" and that the "friend" then told her to engage in sexual acts with three boys "for me."

More and more boys came to the house and the attacks continued, according to the recording. In one case two boys held her down so that a man in his 40s could sexually assault her, she said.

In making his decision, Cimpl said that the circumstantial evidence in the case, including DNA evidence, established that the boy had been at the home in the 3700 block of N. 6th St. and taken part in the assaults.

He said he was convinced by testimony given by a close friend, another 14-year-old boy, who said he saw and talked with the accused 14-year-old in the basement of house where many of the sexual assaults occurred.

The next day when the two friends were talking about what had happened in their neighborhood, the 14-year-old commented to him: "Man, I have to go get tested," for HIV. The 11-year-old is HIV positive.

Cimpl said he could see no reason why someone would say that unless they were afraid to get the virus because they had had sexual contact with someone with HIV.

Defense attorney James Moczdlowski tried to argue that the testimony of three other witnesses, including the 16-year-old girl and another boy sentenced in the case, was contradictory and that questions had been raised about whether the 14-year-old had been in the house.

Cimpl said he disregarded the testimony of those witnesses and called their testimony self serving and not truthful.

The boy remains in secure detention. He will be sentenced March 7.



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