GREEN BAY, Wis. – A federal court in Green Bay declared a mistrial on Thursday in the case of Michael Kornely, a Manitowoc County resident accused of transporting two separate minors across state lines with the intent to engage in illegal sexual activity. The mistrial was ordered after the judge determined that the defense had not been afforded adequate time to prepare for newly introduced evidence.
Judge cites due‑process concerns
According to the court record, the judge found that “the ends of justice served by taking this action outweigh the best interest of the public and the defendant in a speedy trial.” The ruling referenced 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), emphasizing that denying a continuance would have deprived counsel of the reasonable time necessary for effective preparation.
“Taking into account the exercise of due diligence, the failure to grant such a continuance would deny counsel for the defendant or the attorney for the Government the reasonable time necessary for effective preparation,” the court statement read.
Next steps for the prosecution
The government has scheduled a new trial to begin on Nov. 12. Prosecutors have indicated they will proceed with the same charges, which allege that Kornely facilitated the movement of minors across state lines for the purpose of illegal sexual conduct, a federal offense carrying significant penalties.
Legal analysts note that the mistrial does not reflect on the merits of the case but rather on procedural fairness. “A mistrial for procedural reasons is a reminder that even in serious criminal matters, the Constitution guarantees the right to adequate preparation,” said a federal criminal defense attorney familiar with the case.
Community reaction
Local residents expressed a mixture of concern and relief. “We want justice for the children involved, but we also want to make sure the legal process is fair,” said one Green Bay citizen who asked to remain anonymous.
Advocacy groups focused on child protection have called for swift resolution, emphasizing the need to protect minors from exploitation. “Our priority is the safety of children, and we trust the courts to hold accountable anyone who endangers them,” a spokesperson for a regional child‑advocacy organization said.
What the law says
Transporting a minor across state lines for the purpose of illegal sexual activity is prohibited under federal law, specifically 18 U.S.C. § 2423. Convictions can result in lengthy prison terms, mandatory registration as a sex offender, and substantial fines.
The upcoming trial will likely revisit the evidence that prompted the mistrial, giving both the prosecution and defense another opportunity to present their cases before a new jury.
Residents of Manitowoc County and the broader Green Bay area will be watching closely as the case proceeds, hoping for a resolution that upholds both justice and due process.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.