Attorney General candidate Brad Schimel made a plea deal that allowed a sex offender charged with sexual assault of an intoxicated 14-year-old girl – a charge that could have carried a 40-year prison term -- to plead guilty to a greatly reduced charge and serve six months in jail with work release privileges.

Nicholas M. Miller was originally charged with first degree sexual assault of a child under 16, a Class C felony with maximum penalties of 40 years in prison and $100,000 fine.  

Schimel later agreed to reduce the charge to fourth degree sexual assault, with maximum penalties of 9 months in prison and $10,000 fine. Additional counts of sexual intercourse with a child over 16 and contributing to the delinquency of a child were added.  The girl who made the complaint against Miller was 14 at the time of the assault, which took place at a party at his apartment.  Miller was 19 at the time.

The 4th degree sexual assault charge was dismissed at Schimel’s request, and Miller was allowed to plead guilty to two misdemeanors, sexual intercourse with a child over 16 and contributing to the delinquency of a minor. 

Miller was sentenced to six months in jail with work release privileges, the last 90 days stayed, and three years of probation.  His probation was revoked for “continuous non-compliance” with the terms of his probation.

In a similar outcome, Schimel allowed another sex offender, Joel Hochmuth,  represented by Schimel’s former boss, Paul Bucher, to avoid a trial and a prison sentence on child pornography charges with a plea bargain that ended with the offender sentenced to a short jail term with work release privileges. The offender later ended up in prison after violating the terms of his probation.

“Schimel the candidate says he is concerned about sexual assault victims, but Schimel the District Attorney repeatedly made deals that let the perpetrators off lightly,” Democratic Party of Wisconsin Chair Mike Tate said Thursday. “This is just one of many cases we will be highlighting in the coming weeks. There’s a pattern here that the voters should know about.”

Background:

State of Wisconsin vs. Nicholas M. Miller 

Wisconsin Circuit Court Access: State of Wisconsin vs. Nicholas M. Miller