Janesville55.4°

Hearing set in serial-rape case

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Mike DuPre'
June 20, 2008
— The prosecution still must provide some reports and documents demanded by the defense in Janesville's so-called serial-rape case.

Judge James Daley on Thursday set a due date of Aug. 15 for assistant district attorney Mary Bricco to get the paperwork to Michael R. Huber's defense attorney.


Huber, 32, of 2133 Ontario Drive, Janesville, is charged with six counts of first-degree sexual assault involving a weapon and one count of second-degree sexual assault of a child in incidents from 1998 and 2003.


He remains in custody at the Rock County Jail in lieu of $160,000 cash bond.


Huber's attorney, Bill Hayes of Beloit, has demanded in a discovery motion the complete case file developed by the Wisconsin State Crime Laboratory, not just the DNA profile that authorities say link Huber to the crimes.


A fingerprint match from the 1998 crime scene initially led police to Huber, a convicted felon who pleaded guilty to one of several burglaries in Jackson County in 1995.


He then was sentenced to five years of intensive supervision.


Hayes also demanded to see the FBI's complete fingerprint analysis and the resume of the analyst who did it.


Bricco told the judge she thought the agencies could provide the documents by Aug. 15.


Huber is implicated in six home invasions dating to 1998.


But the criminal complaint against him cites only the two cases in which police and prosecutors say they have DNA evidence: a home invasion and rape in 1998 and similar crimes in 2003.


The 1998 assault led to three charges of first-degree sexual assault against one woman, who was 27 at the time.


The 2003 home invasion and rape led to one count of sexual assault of child younger than 16 and three counts of first-degree sexual assault. The victim in the alleged crimes was 13 at the time.


The criminal complaint alleges four separate sexual contacts in the 2003 incident.


In both of those incidents, Huber threatened that he had a gun, the complaint charges.


The serial-rape case involved six home invasions, not all of which included a sexual assault, but detectives think one man committed all the crimes because of a distinct method of operation.


But DNA evidence was not collected in assaults in 1999, 2000 and 2001, so those crimes fall outside the state's statute of limitations. Collection of DNA evidence essentially eliminates the statute of limitations in sexual-assault cases.


A 2005 home invasion, which did not include a sexual assault, falls within the statute of limitations. No charges have been filed in that incident.


Huber is due to appear back in court Thursday, Sept. 25, when the status of his case will again be reviewed.



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