Noriega-Avila still without counsel after 10 months

Kussel denies latest request to reduce $500K bond
By: 
Lee Pulaski
City Editor

Pedro Noriega-Avila, a man accused in the rape of his stepdaughter, has been in the Shawano County Jail for almost a year but still is without an attorney.

At a status conference on June 16, Shawano-Menominee County Circuit Court Judge William Kussel Jr. said that Noriega-Avila is still eligible for services from the public defender’s office, but after inquiring with over 1,600 attorneys, one still has not been found to provide a defense for the man who was on the county’s wanted list for five years and was apprehended in Arizona while trying to cross the border into Mexico.

“It’s not unusual,” Kussel said prior to a Spanish translator relaying his words to Noriega-Avila. “I find the public defender’s office is very diligent in trying to get attorneys for their clients. Due to a lack of attorneys in this area that are willing to take cases, delays are somewhat unfortunate.”

Noriega-Avila had initially waived his right to have a preliminary hearing within 10 days of his initial appearance in court back in August 2021, but Kussel offered him the opportunity to have another preliminary hearing in short order, even though he was without counsel. Noriega-Avila declined.

Noriega-Avila made another request to have his $500,000 cash bond reduced, but it was denied once again after the defendant offered no words as to why the court should lower it. Assistant District Attorney Laura Nelson issued a reminder that the case is from 2016, and after posting a $5,000 cash bond in June of that year, he disappeared from sight until April 2021, and the only reason he is back in Wisconsin facing trial is because the state had to request extradition from Arizona.

“If Mr. Noriega is, in any way, shape or form, released from custody, we’re not going to see him again,” Nelson said. “It is the state’s belief that he is a high flight risk, and the bond that has been set is appropriate given the nature of the charges.”

Noriega-Avila faces one count of first-degree child sexual assault of a child under age 13, two counts of sexual assault with someone under age 16, and two counts of incest with a child by a stepparent. Noriega-Avila faces a maximum of 40 years in prison and $100,000 fine for each of the incest and the latter two sexual assault counts. For the child sexual assault in 2010, he faces up to 60 years in prison.

The criminal complaint states that Noriega-Avila allegedly went into his stepdaughter’s room between September 2009 and June 2010 and assaulted her. It goes on to say that additional incidents occurred in 2014 and 2015. Noriega-Avila married the victim’s mother on July 9, 2010.

Kussel agreed with Nelson’s assessment that Noriega-Avila would likely flee the jurisdiction if the bond was reduced.

“The court is unaware of anything that has changed,” Kussel said. “The criteria for which the bond was set was based on a number of factors, including a very high risk for flight based on the prior behavior of the defendant. Additionally, there remains the very high risk of long-term incarceration if convicted, and therefore, that is a risk for an individual not appearing for court.”

Noriega-Avila’s next hearing is scheduled for 8:30 a.m. July 7 in Branch 2 of the Shawano County Courthouse.


lpulaski@newmedia-wi.com