Dunn County trial rescheduled for River Falls man accused of child sexual assault in Boyceville
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By LeAnn R. Ralph
MENOMONIE — The trial for a 38-year-old River Falls man charged with the sexual assault of a child in Boyceville that was scheduled to begin the last week in September has been rescheduled to January.
Derek P. Johnson and his attorney, Daniel P. Repka, appeared by video before Judge James Peterson in Dunn County Circuit Court for a motion hearing September 26.
Johnson is charged with one Class B felony count of first degree sexual assault — intercourse with a person under the age of 12 and as a repeat offender.
The criminal complaint in the case was filed in November of 2021.
Dunn County District Attorney Andrea Nodolf told the court she was not enthused about the idea of continuing the trial date because the alleged victim is ready to testify but also understands it took time to find a defense expert, according to on-line court records.
Nodolf said she would not object to continuing the trial date but that the trial must be completed before July of 2024.
Repka, Johnson’s attorney, told the judge he would like to proceed but not at the expense of the defense.
Judge Peterson said he would prefer to conduct the Daubert hearing at a later date.
A Daubert motion represents an effort to exclude the introduction of an unqualified expert witness’s testimony to the judge or the jury during a trial.
The prosecution and the defense asked Judge Peterson to schedule a four-day trial.
A motion hearing is scheduled in Dunn County Circuit Court for December 29.
Another motion hearing was held September 19, and Repka told the court that one expert witness was not available and that the defense had retained a new expert, but the new expert was unavailable for the September 19 hearing and had just agreed to take the case that day, according to on-line court records.
Bail
Bail for Johnson was set at $10,000 cash in December of 2021, but Judge Peterson reduced the bail to $2,000 cash in August of 2022, and $8,000 was refunded to Johnson.
Johnson has been convicted of felony possession of methamphetamine, according to the Dunn County criminal complaint, and according to online court records, he was found guilty by a St. Croix County jury in April of 2015 of manufacturing and/or delivering methamphetamine.
St. Croix County Circuit Court Judge Edward Vlack sentenced Johnson to three years in state prison and four years of extended supervision for the felony possession of methamphetamine.
Boyceville
According to the criminal complaint, the sexual assault took place in the Village of Boyceville a number of years ago.
During a forensic interview with a Dunn County social worker, when asked to tell the social worker about Johnson and what had happened, the girl brought her knees to her chest and began crying.
Boyceville Police Chief Greg Lamkin, who received a report several months earlier about the sexual assault of a child several years ago in Boyceville, observed the interview remotely.
Police Chief Lamkin said he viewed the girl’s act of bringing her knees to her chest “as a protective posture,” the complaint states.
When the social worker asked the girl if Johnson had said anything to her, the girl said he had told her that if she told anyone, he would do the same thing to her younger sister, who was two or three years old at the time, according to the complaint.
The first degree sexual assault of a child is a Class B felony that, upon conviction, carries a possible penalty of up to 60 years in prison.
The repeat offender modifier can increase the prison time by two years for a misdemeanor and six years for a felony.
