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Saturday, Nov. 21, 2009

The Portage Daily Register

Portage and Columbia County, WI - News, Sports and Information - Part of WiscNews.com

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Clark’s sentencing postponed

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The sentencing hearing for Candace Clark, one of three defendants in the West Oneida Street murder and abuse case, originally set for Friday was postponed Monday on request from her attorney for more time to study a pre-sentence investigation.

Clark's attorney, David Geier of Madison, asked that the hearing be rescheduled so he could respond to the results of the investigation. Geier said he received the report late Thursday and that he needed more time to respond to what it contained.

"I've got some concerns," Geier said of some of the results of the investigation.

A pre-sentence investigation is typically ordered by a judge after a defendant enters a plea. As with all pre-sentence investigations, the results of Clark's investigation are sealed. The investigation is conducted by a probation and parole agent and the results are seen only by the judge, defendant and the prosecuting and defense attorneys in the case.

"It is a confidential document," Geier said.

The report is essentially a life history of a defendant, Geier said, and is used to help the judge determine a fair sentence.

"(It) fills in the blanks for the judge," Geier said.

A new sentencing date has not been set. It could possibly be set for Nov. 10, said District Attorney Jane Kohlway, the same date as the sentencing hearing for codefendant Michael Sisk. Having both sentencing hearings on the same day would save an additional trip to the Columbia County Courthouse for the witnesses who will testify at both hearings, Kohlwey said.

Clark and Sisk are charged in the death of Tammie Garlin, 36, who was found buried behind a rental home at 304 W. Oneida St. in June 2007, and the abuse of Garlin's then-11-year-old son. Garlin's son was found in a closet at the home, abused almost to the point of death.

Kohlwey said she plans to call the three witnesses who testified at the September sentencing of codefendant Michaela Clerc, plus an additional witness whom she declined to name.

The witnesses at the Clerc hearing were doctors who treated Garlin's son: Dr. Jennifer Friedberg from the Wisconsin Psychiatric Institute and Clinics; Dr. Barbara Knox, medical director of University of Wisconsin Hospital's child protection program; and Dr. Gary Williams of UW Hospital.

Kohlwey said she expects Clark's sentencing hearing to last more than four hours. She called the postponement of the sentencing "unfortunate," but added that "in the end, it's not going to make a difference in the case" because Clark will remain in custody regardless of when the hearing takes place.

Clark, 24, pleaded no contest in July to second-degree homicide and contributing to the delinquency of a minor as well as guilty to mayhem, child enticement, child abuse, causing mental harm to a child and false imprisonment. She faces a maximum of 78 1/2 years in prison and 51 years of extended supervision on all charges.

Sisk, 26 accepted a plea deal in August in which he entered an Alford plea to second-degree reckless homicide and pleaded guilty to hiding a corpse, false imprisonment, mayhem, physical abuse of a child and mental harm to a child. He faces a maximum of 82 years in prison and 54 years of extended supervision.

sgreen@capitalnewspapers.com

745-3504