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>> at her aunt's house. >> during the time that you were with [ bleep ] that day, were you violent to her? >> no, i was not. >> were you mean to her? >> no, i was not. >> did you force her to do anything? >> no, i didn't. >> did you pressure her to do anything? >> did row you pressure her to do anything? >> no, i did not. >> according to the law whether the victim agreed to have sex does not matter. all the prosecutor had to prove whether zack was 17 when he had sex with someone under the age of 16. >> you knew she was 14. >> yes. >> she was a freshman at your high school where you were senior...

>> so what have you been charged with? >> second-degree sexual assault of a child. >> and when you heard that, how did you feel? >> my heart dropped. i still think that this is all just a nightmare. >> when police came knocking, zack was home alone and waived his right to an attorney. an officer questioned him for ten minutes before booking him into milwaukee's county jail where zack was finally allowed to call his mother, carrie. >> tell me about how you found out about the incident. >> my husband and i were coming back from a baseball game, and i got the phone call. he just said, mom, can yo...

Zack was 17 when she had sex with a 14-year-old, but the real question is does the punishment fit the crime? >> our system will allow you to go back into that deliberation room and go in with the understanding you're going to evaluate this case with your mind and with your heart and do what you think is the right thing to do, and you will have proven really that our system works and it works quite well. that you are all the conscience of milwaukee county, a conscience that can be used to prevent unjust convictions. so whatever you think about the age difference between zack and -- they are a l...

State has to prove, and that's that there was sexual intercourse, and that the girl was under the age of 16. people under the age of 16 cannot legally consent to sexual contact or sexual intercourse, and the law is there to protect our kids. but i think as young as the girl is in this case -- and she's very young -- zack's really young too, even though he's treated as an adult because he's 17 years old. >> the prosecution is arguing that zack took advantage of his age and popularity to pressure a younger girl into having sex. but a recent psychological evaluation prepared by the defense found ...

Felony to a misdemeanor. but the state prosecutor refused. the night before zack's case goes to trial, travis prepares zack and his mother, carrie, for what to expect. >> probably the first or second question the prosecutor is going to ask you is, zack, you had sex with [ bleep ], didn't you? and what is your answer to that? >> yes. >> and because that's the truth, right? >> yes. >> remember one of the things that we talked about that might help you with relaxing and being more calm up on the witness stand? >> take deep breaths to slow my heart rate down, and then also repeat the question befo...