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Published June 06, 2011, 09:06 AM

Man convicted of molestation now living just feet from the children he molested

West Fargo, ND (WDAY TV) - A West Fargo mother says she's living in fear this summer. The man convicted of molesting 3 of her children is back at home and living just feet from the children he molested.

Ned Vandyke is waiting sentencing for 3 class A felonies, facing a maximum of 60 years behind bars. VanDyke posted a reasonable bond, and until sentencing in August, he's out free, not even registered as a sex offender.

"He set himself up as the grandfather figure."

Jen Silvernail is the mother to the molested children in this case. Just take a look at how close her home is to the convicted VanDyke's. She says financially, she can't move the family.

JEN SILVERNAIL – Mother: "Terrible, the kids are already not comfortable playing in the backyard. That's why there are bikes and everything in the front yard because they don't want to go in the backyard. They don't want to be anywhere near his house."

She says the 3 children went through a brutal, emotional trial. The Jury deliberated for 4 hours to find VanDyke guilty. Silvernail says relief was short lived.

JEN SILVERNAIL – Mother: "I never in a million years thought that they'd just let him come home,.You commit a crime, especially one against children, you should be in jail."

GLEN HASE - Legal Advocate - Cass County: "How would you feel if it were your child? We say on one hand that sex offenders need to be contained, we're making them register, penalties are becoming harsher and harsher yet it doesn't seem the courts are doing the same."

Victims advocates say in some cases sex offenders are facing as many years as a murderer, but getting just fractions of that. Silvernail says she's left wondering what else could go against her family in this case?

"The minimum is actually 5 years probation and that's what I'm waiting for. To go back in August and judge say well he behaved himself all this time, why not just let him stay home."

I talked to the prosecuting attorney in this case, he says he tried to get the judge to bump VanDyke's bond from the 1 thousand dollars he paid up to 100 thousand dollars, but the judge refused.

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