WAUKESHA, WI (WTAQ) - A state appeals court ruled Wednesday that incriminating statements should not have been used against an alleged child molester in West Bend.
Police took Corey Uhlenberg into custody in 2011, after a 5-year-old girl accused him of sexually touching her. Uhlenberg asked for an attorney, but a detective told the man he was not under arrest – and the officer continued to question him and got some incriminating statements.
Uhlenberg asked a Washington County Judge not to have the statements be used against him – but the judge rejected the request, saying the man was not in custody.
Uhlenberg eventually pleaded guilty to second-degree child sex assault, and was sentenced to 12 years in prison. He appealed the conviction. And Wednesday, the Second District Court of Appeals in Waukesha said the questioning should have ended after Uhlenberg asked police to bring in an attorney.
The appellate judges sent the case back to Washington County Circuit Court.