On Monday, January 5, 2026, the Milwaukee Journal Sentinel reported that Milwaukee County Reserve Judge John Franke recused himself from further involvement in a sexual assault case that garnered significant attention following his mid-trial dismissal of charges against one of the defendants.
The recusal means Judge Franke will not preside over the sentencing of Brendan Hoover, 25, who previously pleaded guilty to third-degree sexual assault as a party to a crime, before his co-defendant’s trial.
In a written order filed on January 2, Judge Franke stated that while he believed his interpretation and application of the law did not necessitate recusal, he acknowledged the importance of the appearance of impartiality, particularly from the perspective of the victim. He concluded that, given the unusual circumstances of the case and the extensive publicity surrounding his decision in the co-defendant’s case, it might reasonably appear to the victim that he could not proceed to sentencing in an impartial manner.
The case gained notoriety when Judge Franke granted a defense motion to dismiss the charges against Heaven’l Parker, 23, Hoover’s co-defendant, before the case was presented to a jury in August. This decision led to months of legal ramifications, delaying Hoover’s sentencing as he and his attorneys considered withdrawing his guilty plea.
During a hearing on November 6, Deputy District Attorney Matthew Torbenson requested Judge Franke’s recusal, arguing that the court had erred in its interpretation of the law and that the victim had lost faith in the court and the legal system. The victim, who has chosen to remain anonymous for privacy and safety reasons, expressed to the Journal Sentinel that the judge’s dismissal decision had deprived her of any sense of justice. She stated that she simply wanted the opportunity for a jury to make a decision.
On January 5, Hoover’s case was reassigned to Judge David Borowski, one of the judges who handles sexual assault and homicide cases in Milwaukee County. A status hearing has been scheduled for February 11.
Following the hearing, Prosecutor Katrina Voge declined to comment. However, Defense Attorney Adam J. Schleis expressed his disagreement with the recusal decision. Schleis argued that the state’s dissatisfaction with the judge’s decision could create a problematic precedent for attorneys. He suggested that defense attorneys might now be inclined to file similar motions if they disagree with a judge’s statements about a particular type of case, claiming a loss of impartiality.
Hoover, who has no prior convictions in Wisconsin, faces a maximum sentence of five years in prison followed by five years of extended supervision.
Franke was appointed as a reserve judge in 2022 to address a backlog of cases caused by the pandemic. Before this appointment, he had not regularly heard cases since 2008, when he resigned after a 21-year career as a judge to enter private practice.
Source: Milwaukee Journal Sentinel
