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Sentencing delay likely in Hoenisch case

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WAUSAU, WI (WSAU) -  There’s likely to be a delay in the sentencing of a former Marathon County probation agent convicted of taking prescription drugs from probationers she was supervising. Kim Hoenisch has already been found guilty after entering no contest pleas to burglary to take pills and misconduct in office.

Her sentencing is scheduled to happen July 1st. Defense attorney Harry Hertel says he has asked for an adjournment of sentencing, which is simply to have more time. Hertel says he has issues with the state’s pre sentence investigation, and an independent pre sentence investigation is not yet complete. “We have some strong issues with that particular pre sentence, and we were in the process of having an alternative pre sentence, which is done by someone who is also done by someone who is an expert in the field, the same as probation agents are. In terms of the ability to arrange for that, it ran a bit longer than we had originally anticipated.”

Hertel is requesting an additional four to five weeks, which is why he made a motion to the court for the adjournment. “That individual has asked to be able to have the time through the end of July or thereabouts to prepare the alternative, and that she would be available to testify in the first or second week of August, so rather than have a July 1st sentencing without that information, we’ve asked the court to consider that. That’s the primary reason.”

Along with that, Hertel says an issue affecting him personally needs immediate attention, which will temporarily affect his ability to work. “I was diagnosed yesterday with a fractured bone in my left hip socket and I have to have a hip replacement, and that’s being scheduled, which will also cause somewhat of a delay in my ability to represent Kim’s interests.”

Hertel is hopeful Judge Ann Knox-Bauer grants the adjournment motion at a hearing June 17th. He believes it will be important for both sides and the judge to wait for the report to be completed. “I Think everyone involved, including the Assistant Attorney General Mr. (Winn) Collins would want to make sure that every piece of information relevant for the judge to consider be made available, and that my client have the right to have her chosen counsel appear at the court proceedings. Timing wise, it just makes sense for us to seek that, and we hope the adjournments will be granted.”

Kim Hoenisch is presently free on bond until her sentencing date.

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