By Jason Arndt
Staff Writer
A Wisconsin appellate court granted a stay in placement, pending appeal, of a violent sex offender into a Town of Wheatland residence, according to a Kenosha County Sheriff’s news release.
The proposed Department of Health Services placement involves Michael McGee, convicted in 1987 of second-degree sexual assault and burglary in Racine, into a home at 32200 Geneva Road, next door to a family that has a 1-year-old.
McGee, 53, still resides at Sand Ridge Secure Treatment Facility in Mauston.
In the four-page appeals court ruling, the Wisconsin Court of Appeals, District II put the placement on hold, noting it is in the best interest of the community.
“In the end, the interest of the public and the interest in maintaining the status quo lead this court to conclude a stay is appropriate,” the ruling stated. “The public has a strong interest in making sure that McGee’s supervised release plan, including the identified placement, was arrived at in accordance with the law.”
The public has expressed outrage about the placement since an announcement at a May 11 Wheatland Town Hall meeting.
Local and county officials argued the placement violated recently passed legislation, Act 156, and conflicted with local town ordinance.
Act 156 bars violent sex offenders from living within 1,500 feet where children reside, ensuring those convicted are placed in their home counties.
Furthermore, Wheatland Town Ordinance includes a provision barring sex offenders from living within 2,500 feet where children frequent. According to town officials, that includes a nearby bike path and river.
However, on May 24, Racine County Circuit Court Judge Allan Torhorst upheld McGee’s placement, rejecting arguments made by the Town of Wheatland and Kenosha County Corporate Counsel.
Additionally, Torhorst rejected a request by Racine County District Attorney Rich Chiapete to overturn the ruling. Chiapete told the court he was never made aware a child lived nearby.
In the seven-page circuit court ruling, Torhorst wrote that McGee’s targeted victims are considered adult women and prepubescent males – not 1-year-old children. He also contends that a nearby bike trail does not constitute a prohibited zone for the placement of a sex offender under the definition of a park.
At the May 24 hearing, DHS officials said they searched dozens of counties in Wisconsin, but could not find suitable housing.
Both the Town of Wheatland and Kenosha County Corporate Counsel responded, filing motions with the Wisconsin Court of Appeals, District II in Waukesha.
But, the Appeals Court denied three motions until they accepted the Kenosha County Corporate Counsel request on May 31.
On the same day, the Town of Wheatland red-tagged the Geneva Road property, barring anyone from living in the home due to and alleged lack of permits.
However, after inspection in the presence of Kenosha County Corporate Counsel, Fond du Lac-based landlord Ladoga Property Management LLC and Wheatland personnel, the red-tag was removed and the property cleared.
Jennifer Kopp of Kenosha County Corporate Counsel’s office said they are working diligently to ensure the safety of the community.
“We had filed a stay until the appeals process is exhausted,” Kopp said.
The court of appeals, composed of three judges, will determine if the placement is appropriate, but the timetable is unknown, Kopp stated.
“Right now the court of appeals will decide unless it is remanded down to the circuit court,” she said. “My guess would be early fall.”
“It is difficult to tell but it will depend on the decision made by the court,” she added.
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