Sexual Assault Case Heads Back to Court After Mistrial in Spring

After a mistrial in spring when another potential victim came forward while testifying , Wayne D. Herbes of Brookfield will head to trial again in September.

The man, formerly of Waukesha, faces three charges of first-degree sexual assault of a child under age 13. He appeared in court Monday, and his 5-day jury trial was set to begin at 8:30 a.m. Sept. 23.

A mistrial was declared in March in the case, after a woman testified about being sexually abused by Herbes decades earlier, according to court records. No new charges have yet been filed.

According to the criminal complaint:

An 8-year-old girl was interviewed by Waukesha police officers in December 2011, where she told them Herbes had assaulted her on several occasions in the summer of 2011 inside his home in the 1300 block of East North Avenue in Waukesha.

The girl said the first incident took place while she was waiting to take a shower and Herbes touched her inappropriately. The girl told police she knew the action was wrong and backed away from him.

On another occasion, the girl was completely naked when Herbes took a picture of her. On the third occasion, the girl told police, Herbes molested her.

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