New trial granted in Racine County murder; victim’s son fears outcome
New concerns for Racine County homicide victim's family
The son of a woman killed in a Racine County murder says he feels hopeless after a conviction was overturned, granting a new trial and raising fears the suspect could go free.
RACINE, Wis. - The son of a woman killed 26 years ago says he is feeling hopeless after a judge granted a new Racine County trial for the man convicted in her death.
What we know:
Miguel Cruz was convicted in 2021 and sentenced to life in prison for the 2000 killing of Juanita Zdroik, but that conviction was later overturned after the credibility of DNA evidence and some investigators was called into question.
Juanita Zdroik, Miguel Cruz
The charge against Cruz was not dismissed.
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Prosecutors say she was shot after witnessing a double homicide, and her body was later found in the Town of Raymond.
Local perspective:
Zach Zdroik was just 13 when his mother was killed.
Zach Zdroik
For years, the family waited for answers.
"In 2017, they said, ‘We got the man that murdered your mom,’" Zdroik said. "To say the least, right now, we feel a little broken."
A new trial is scheduled for September, but Zdroik says he worries it may never happen after speaking with prosecutors.
Photo of Zach Zdroik, Juanita Zdroik
"Ultimately, they said they were very close to doing a plea with him," Zdroik said.
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In a statement, Racine County District Attorney Patricia Hansen said plea negotiations can be ongoing, but no agreement has been reached, and the case remains set for trial.
"I would rather them fight this through and through knowing that they did everything that they could," Zdroik said.
Zdroik says the developments are bringing back old pain and raising fears that the man he believes killed his mother could walk free.
Photo of Zach Zdroik, Juanita Zdroik
"I don’t really have a lot of hope anymore and that’s the sad part," Zdroik said.
What they're saying:
The Racine County District Attorney's Office provided the following:
"The conviction in this case was vacated due to ineffective assistance of Mr. Cruz's trial counsel on two issues:
- His trial attorney failed to obtain additional information about a credibility problem with a former Milwaukee Police Department Investigator who participated in the investigation. The investigator was not called as a witness at the trial. The Court now ruled that the former investigator's history in other cases is now admissible in Mr. Cruz's case if he were called by the defense as a witness.
- His trial attorney did not hire an expert to review the DNA reports in the case who could have pointed out that the testing standards at the State Crime Lab changed between the initial testing in 2012 and subsequent testing when Mr. Cruz was located in 2017. With new technology, the DNA testing improved over time and gave more specific results. The State is now bound by the testing standards and the technology from 2012 that excluded Mr. Cruz as a contributor.
The second trial will be different than the first because of the Court's rulings on evidence.
As such, a meeting was held with the family to discuss how these changes might affect the outcome of the case and whether a plea agreement might insure a conviction vs. an acquittal. As in any case, plea negotiations can be ongoing and there is no agreement currently. The case remains in a trial posture.
As is our practice in any homicide case, even potential plea discussions are explained and discussed with the victim's tamily and that is what occurred here. The Racine County District Attorney's Office works hard every day to honor the constitutional rights of victims and follow Marsy's Law in Wisconsin. The ultimate decision to enter into a plea agreement, however, continues to be the decision of the prosecutor's office."
Guilty verdict is 'justice finally,' 21 years after Racine County murder
21 years to the month since the murder of 39-year-old Juanita Zdroik, investigators announced justice has been served.
The Source: FOX6 utilized information from the Racine County District Attorney's Office and previously reported on the case.