May 25, 2017
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NOW: 53°
HI 63 / LO 49

Kenosha County prevails in placement of sex offender


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BY DENEEN SMITH
dsmith@kenoshanews.com


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An appellate court ruled that Racine County erred in seeking to place a sex offender in a Wheatland home without involving Kenosha County officials in the plan.

Kenosha County sued over the placement of Michael McGee, who had been committed as a “sexually violent person” for supervised release into a Wheatland home.

McGee is from Racine, but a Racine court had decided to place him in the Wheatland house after an appropriate location could not be found in his home county.

Kenosha sued, saying local authorities, including law enforcement, were not consulted, and arguing that the placement was inappropriate because of its proximity to a public trail and a young child living next door.

In a decision filed Wednesday, the District II Court of Appeals agreed with Kenosha. The court found that Kenosha County officials should have been included in the process, and that their concerns about the site should have been considered.

“We’re happy with the decision,” said Jennifer Kopp, assistant corporation counsel for the county. “They essentially agreed with the argument.”

For the McGee placement, the ruling has no practical effect. He has since been placed elsewhere in the state.

However, the same house at 32200 Geneva Road is being considered as a home placement for two other out-of-county sex offenders, said Todd Terry, attorney for the town of Wheatland.

“(The decision) was a huge deal in that regard because it allows us to be heard in the event that these go forward,” Terry said.

McGee was convicted in 1987 of second-degree sexual assault for raping a woman after breaking into her home for a burglary.

After being released from prison for that offense, he was accused of additional sexual misconduct, including fourth-degree sexual assault of an adult woman and of fondling a 10-year-old boy.

Although those charges were dismissed, his probation was revoked. In 2003, he was declared a “sexually violent person” by the state and committed to a treatment facility.

He petitioned for supervised release in 2013, which led to his proposed placement in Wheatland.


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