Judge rules 1 of 2 sex offenders cannot be placed in home near Salem Lakes parks

NOW: Judge rules 1 of 2 sex offenders cannot be placed in home near Salem Lakes parks

KENOSHA COUNTY, Wis. (CBS 58) -- Salem Lakes residents trying to fight the placement of two sex offenders in their backyard got some encouragement Friday, May 28. 

A Kenosha County judge ruled the house in question is not suitable for one of the men. 

The court moved the decision for the second sex offender to another judge. 

After Friday's hearing, his case is left to be decided. 

People applauded and got emotional following Judge Anthony Milisauskas' ruling.

”Inaccurate information and I’ll sign the order,” said Judge Milisauskas.

What was inaccurate? The initial report from detectives said the house on Camp Lake Road met statutory requirements for the two men who assaulted young teenaged boys. But a later challenge claims these vacant lots close to the home are parks. 

“They are on the lake and have direct access to many children that use this pier daily all summer long, all winter long, recreationally, ice skating, they are right here,” said Adrienne Kiesler, neighbor.

The statutes say a sex offender can't live within 1,500 feet of a park, and Judge Milisauskas now says the county has 120 days to find another home for Brian Threlkeld. 

“I have been losing sleep every night and to hear the news that the first person was overturned is a bigger relief than anyone can imagine,” said Kiesler.

But the nightmare continues for the mom of two boys who lives less than 300 feet from the home.

The case for Dale Peshek has been continued to Tuesday.

“He should not spend one more minute in custody because it makes people feel uncomfortable,” said Robert Peterson, Peshek’s attorney.

Judge Mary Kay Wagner was assigned Peshek's case. She questioned why it's taken the county more than two years to find Peshek housing.  She said the county needs to come up with something by June 1, even if it's a motel. 

“You apparently knew there was a violation in the law. These people have a right not to be confined. They have met the criteria. They are gonna be supervised 24 hours a day with leg monitors and all the rest of the information that’s required. Where do you have to place them?” said Judge Wagner.

The next hearing for Dale Peshek is Tuesday afternoon.

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