Court: Sex assault statements inadmissible

By: Associated Press//April 3, 2013//

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MADISON, Wis. (AP) — A state appeals court says a West Bend man’s statements about sexually assaulting a 5-year-old girl should have been suppressed.

The girl accused Corey Uhlenberg in 2011 of sexually touching her. Police took Uhlenberg to their station in handcuffs. A detective told him he wasn’t under arrest but continued to question him after he asked for an attorney, eventually eliciting incriminating statements.

Uhlenberg moved to suppress the statements but a Washington County judge refused, saying Uhlenberg wasn’t in custody. Uhlenberg pleaded guilty to second-degree sexual assault of a child and was sentenced to 12 years in prison.

The 2nd District Court of Appeals ruled Wednesday questioning should have ended after the attorney request and Uhlenberg’s statements should have been suppressed. The court sent the case back to Washington County.

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