Lawyer advises Tom Lakin not to take polygraph

Steve Gonzalez May 2, 2008, 5:51am

Tom Lakin (left) leaving the federal courthouse in Benton on Feb. 28, with his lawyer Scott Rosenblum.

Tom Lakin has been advised not to take a polygraph test.

During a 15-minute telephone status conference with U.S. District Judge J. Phil Gilbert on May 1, Lakin's attorney, Scott Rosenblum of St. Louis, informed the judge he advised his client not to take the polygraph probation requested as part of his Presentence Investigation Report (PSR).

According to court documents, Assistant U.S. Attorney Stephen Clark told Gilbert there is no agreement with Lakin or Rosenblum as to whether Lakin should take the polygraph.

Lakin was not present on the telephone call. Clark was assisted by Assistant U.S. Attorney Kevin Burke.

Gilbert said he advised Probation that he is not going to require Lakin to take the polygraph.

Also during the phone call, Gilbert said he believed Lakin's PSR would be done within the "next couple of weeks" and that the financial report is already completed.

Gilbert told both sides to get in touch with Probation to acquire a copy of the financial report.

In March, Lakin attempted to change his plea to guilty, but Gilbert rejected the deal until Lakin completed a PSR and a sexual offender evaluation -- even though Lakin would not be pleading guilty to any sex charges.

Under the binding plea agreement, Lakin would plead guilty to possession with the intent to deliver cocaine, distributing cocaine to a person under 21 and maintaining a drug-involved premises.

He would serve a six-year prison sentence which Gilbert said is a "departure" from a normal government recommendation in similar circumstances, speculating that Lakin could be helping the government in other cases.

Under the agreement, Lakin would also pay $180,000 in restitution, be required to forfeit a $325,000 cash bond he used instead of losing a home and pay a $20,000 fine.

Lakin earlier had pleaded not guilty to 18 sex and drug charges related to cocaine possession and transporting a minor across state lines for sexual purposes.

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