Former Green Bay teacher appeals sexual assault conviction

Villareal claims judge improperly combined cases involving separate victims

Jan. 27, 2026 at 4:47pm

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David Villareal, a former elementary school teacher in Green Bay, Wisconsin, has appealed his conviction for sexually assaulting four of his students, arguing that the judge should not have combined the cases involving separate victims into a single trial.

Why it matters

This case highlights the complex legal issues surrounding the prosecution of sexual assault cases, particularly when there are multiple victims involved. The appeal raises questions about the proper procedures for joining or separating charges in such cases, and could have implications for how similar cases are handled in the future.

The details

Villareal was convicted by a jury in April 2023 of four charges, including three of first-degree child sexual assault for incidents in 2015 and 2016 involving four girls who were students at Baird Elementary School and 7 and 8 years old at the time. He was sentenced to 50 years in prison. In his appeal, Villareal argues that the claims by one of the victims, identified as MV, were significantly different than those for the other two victims, and that the charges relating to MV should have been severed from the rest. The appeal also argues that the court improperly combined the charges into a single trial without affording Villareal a meaningful opportunity to be heard.

  • Villareal was convicted by a jury in April 2023.
  • Villareal was sentenced to 50 years in prison.
  • Villareal filed his appeal on January 27, 2026.
  • The state has until February 26, 2026 to respond to the filing.
  • A decision on the appeal is likely to be reached several months after the state's response.

The players

David Villareal

A former elementary school teacher in Green Bay, Wisconsin who was convicted of sexually assaulting four of his students.

Kirk Obear

Villareal's attorney who filed the appeal.

Baird Elementary School

The school where Villareal taught and where the sexual assaults took place.

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What they’re saying

“Insufficient justification existed under the facts of the instant case to merit joinder of all the charges under the umbrella of a single trial. If anything, the charges relating to MV should have been severed from the rest for the reasons explained below.”

— Kirk Obear, Villareal's attorney

“In this case, it was fundamentally unfair for the court to render a ruling on joinder sua sponte without affording Mr. Villareal the 'procedural protection' of a meaningful opportunity to be heard.”

— Kirk Obear, Villareal's attorney

What’s next

The state has until February 26, 2026 to respond to Villareal's appeal filing. A decision on the appeal is likely to be reached several months after the state's response.

The takeaway

This case highlights the complex legal issues surrounding the prosecution of sexual assault cases, particularly when there are multiple victims involved. The appeal raises important questions about the proper procedures for joining or separating charges in such cases, and the need to ensure that defendants are afforded a fair and meaningful opportunity to be heard.