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MADISON The Wisconsin Department of Justice filed a petition in Kenosha County Circuit Court on September 18, 2008, alleging that Brian T. Threlkeld is a sexually violent person and should be committed for treatment pursuant to the states sexually violent person law, Attorney General J.B. Van Hollen announced today.
At a hearing held on October 2, 2008, Kenosha County Circuit Court Judge Anthony Milisauskas found probable cause to believe Brian Threlkeld meets the criteria for commitment as a sexually violent person under Chapter 980 and should be held for trial. A pretrial conference in the case is currently scheduled for February 17, 2009, and a jury trial will be scheduled later.
Under Wisconsins sexually violent person law, a person may be subject to a civil commitment when the person has been convicted of a sexually violent offense, has a mental disorder, and is dangerous to others because the mental disorder makes it likely he will commit further acts of sexual violence. A civil commitment is defined in Wisconsin law as commitment to the custody and care of the Department of Health Services for control, care and treatment until the person is no longer considered sexually violent.
According to the Department of Justices petition, Threlkeld was convicted by the Kenosha County circuit court in 2000 of second degree sexual assault of a 13 year old boy. The petition alleges that Threlkeld has sexually assaulted other young boys in Wisconsin and elsewhere. The petition further alleges that Threlkeld suffers from a mental condition that predisposes him to engage in acts of sexual violence and that he is dangerous to others because his mental disorder makes it likely that he will engage in future acts of sexual violence.
The petition is only an allegation. Brian Threlkeld is presumed not to be a sexually violent person unless and until proven in judicial proceedings to be a sexually violent person. The state bears the burden of proof at trial.
Assistant Attorney General Paul L. Barnett represents the state.