In the
juvenile court waiver hearing on March 9, prosecutors argued that the seriousness of the alleged crimes combined with the potential for relatively light sentences in juvenile court warranted that Perry be tried as an adult.
Under what's known as a "serious juvenile offender" program, Perry, if convicted of sexual assault, would likely face a maximum of five years of supervision, compared to as many as 20 years for the equivalent Class B felony in adult court, Assistant District Attorney Edward Bremberger told Lazar at the March 9 hearing.
But the boy's defense attorney, Nicole Ostrowski, argued that the only compelling argument prosecutors have made about waiving juvenile court jurisdiction is in the seriousness of the crimes.
Other factors should be considered, as well, she said, particularly the kind of specialized treatment he could receive in the serious juvenile offender program, which takes into account studies that detail the workings of immature, developing minds in youths accused in crimes.
Faced with those opposing viewpoints, Lazar, in her oral ruling Thursday noted four points outlined in a state law that were germane to a waiver of juvenile court jurisdiction in the case: the personality of the juvenile, prior record of the offender, the seriousness of the alleged crimes, the adequacy and suitability of facilities and services for juvenile offender's treatment.
Serious juvenile offender program would not offer sufficient treatment, judge says
But she said she simply couldn't ignore the nature of the charges, which she repeatedly referred to as "heinous."
"The state has in fact met its burden of proof," Lazar said, noting in particular the "extreme vulnerability" of the woman, who told authorities her life had been "shattered" by assault and the threats to her life that included a knife being held to her throat.
Lazar was critical of two pieces of testimony: Waukesha County social worker Kevin Tolzman's opinion that state Department of Correction's serious juvenile offender program would adequately address Perry's treatment, and a report by state psychologist that favored juvenile-oriented treatment options.
Lazar noted that Tolzman's experience with juvenile offenders had never involved anything as serious as the allegations at hand, which diminished his recommendation that suggested that the juvenile treatment program would be effective in this case.
The doctor that performed a court-ordered exam of Perry showed a lack of knowledge about some important elements of serious juvenile offender program and had missed some other information later provided to the court, Lazar said.
Thursday's decision did result in one point of confusion that attorneys are expected to clear up by Friday.
During the March hearing and again in Thursday's oral ruling, Lazar had suggested her word might not be the final one on whether the case remains in adult court. She said she was under the impression that the defense could petition for a reverse waiver back to juvenile court.
But Deputy District Attorney Ted S. Szczupakiewicz, speaking to the court via Zoom at the conclusion of Lazar's ruling, said reverse waivers are only applicable when a case involving a juvenile starts in adult court, not when a juvenile court judge has already waived jurisdiction.
Perry is currently being held in a Washington County juvenile detention facility, but would be transferred to the Waukesha County Jail once criminal charges are filed and bail is set by the adult court.
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with a knife at my throat well it is a situation where it is live or die and should i die well good dna somewhere one my body that couldn't be denied 
