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Defense wants access to evidence against murder victim

Defense wants access to evidence against murder victim


With prosecutors acknowledging a Kenosha man allegedly killed by a Milwaukee teenager was under investigation for child trafficking and producing child porn, a judge will review materials from that probe to determine whether they should be made available to the teen’s defense.

Chrystul Kizer, 18, is charged with first-degree homicide, arson and auto theft for the June 5 shooting death of Randall Volar III. She was 17 when Volar was killed.

Volar, 34, was allegedly killed by Kizer at his home, 7732 14th Ave., after Volar reportedly paid an Uber driver to bring the teen to his house from Milwaukee. Kizer is alleged to have set Volar’s home on fire after the shooting, fleeing in his car.

After her arrest, prosecutors said Kizer had boasted of the shooting on social media.

According to an earlier court filing by Kizer’s defense attorneys, Volar had been under investigation by Kenosha Police for sexual conduct with underage girls before his death. Police had served a search warrant on his home and had seized electronics as part of that investigation.

In a court filing this week, prosecutors acknowledged Volar had been the target of a police investigation.

“Throughout that investigation, explicit videos and photos of multiple females were discovered. To this date, a number of those females have not been identified,” a memorandum from prosecutors states.

One person in those videos who was identified was Kizer. Prosecutors said they provided that information to the defense in a report they gave in October. “This report provides a summary of the investigation and also a listing of the videos in which the defendant, Ms. Kizer, appears to be depicted,” the report states.

The defense is seeking access to the entirety of the investigatory file, arguing that its contents could provide evidence that could help Kizer’s defense.

“We first need to be able to see and review that evidence,” said defense attorney Ben Schwarz at a hearing Friday. “At this point, all of the evidence remains in the sole possession of the state.”

The state opposed the release of the information in the investigation because it includes juvenile information and “records involving children who are alleged to be the victims of sexual assault,” saying the privacy of those individuals should be protected.

Judge David Wilk found there was “a reasonable likelihood of relevance” of the materials. However, Wilk decided to do an in-camera review of the records — that is, the judge will himself look at the evidence the defense is seeking, then make a determination on whether it is relevant and should be made available to the defense.

The case will next return to court Jan. 10 for a status hearing.


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