EAU CLAIRE — A judge has ordered prosecutors to do a better job of narrowing the date on which they say he abused a boy who fell asleep on the couch.
Bryce Kessler, 25, faces a single count of first degree child sexual assault — sexual intercourse with a child under age 13. He has pleaded not guilty.
According to the criminal complaint, the boy fell awoke to find Kessler masturbating over him. When Kessler saw the boy was awake, he forced him to perform oral sex.
The boy didn’t initially report the assault, telling investigators Kessler said he would deny it and didn’t think anyone would believe him. The boy’s sister said she was not surprised by the accusation because Kessler was “super weird around us. She had made a previous accusation against him, but it isn’t clear whether it was ever reported to authorities.
When police spoke with Kessler, he said he spent little time around the children and pointed to the prior accusation. The boy’s mother said Kessler sometimes acted as a babysitter and that she was unaware of the accusations her children had made.
The order to narrow down the time frame, which came after a defense motion to “make more definite and certain,” affects both sides’ preparation. Prosecutors will have to be more clear about when they believe the assault took place. That could have a significant effect on whether the defense can claim an alibi.
Discovery materials, information that prosecutors have that is relevant to the case, as well as a “more definitive timeline” are due Aug. 29. Kessler will next be in court for a hearing in September.