Pierick's attorney, Maura McMahon, said Thursday there isn't enough probable cause to support the charges, telling Waukesha County Court Commissioner Thomas J. Pieper that Pierick responded to a Craigslist ad that had been posted by someone who said he was 19 and that Pierick thought he was dealing with an adult.
That person, who turned out to be a 17-year-old boy, told Pierick a number of times that he was over 18, McMahon said.
McMahon, who filed a motion to dismiss the charges Wednesday, said it was clear from details included in the criminal complaint lodged against Pierick that he was not trying to entice a child.
Text messages between the two indicate that Pierick didn't want anything to do with someone who was under 18, she said.
But Milwaukee County Assistant District Attorney Sara Lewis argued that belief about age is not a defense and that the charges should stand because a child was involved in "this particular situation." Milwaukee County is prosecuting the case in Waukesha County.
She also noted that the child sent a photo to Pierick and Pierick should have been able to tell from the child's appearance in the photo that he was not an adult.