Prosecutors, defense want extra time to review Lakin report

Steve Gonzalez Jun. 19, 2008, 10:00am

Tom Lakin (left) and Scott Rosenblum

BENTON-Tom Lakin's Pre-Sentence Investigative Report (PSR) was completed June 9, but both Lakin's defense team and federal prosecutors want U.S. District Judge J. Phil Gilbert to give them more time to file objections to the report.

In a joint motion to extend the filing date of objections to the PSR, Assistant U.S. Attorney Steve Clark and Lakin's lawyer, Scott Rosenblum of St. Louis, argue that since the issues in the case are complex, they will need more than 14 days to file objections.

Clark and Rosenblum also argue that it would be appropriate to delay their objections to the PSR until Lakin pleads guilty or after a trial takes place.

In a telephone interview on June 18, Clark declined to comment about any details of Lakin's case.

Calls to Rosenblum have not been returned.

Lakin faces 18 sex and drug charges related to cocaine possession and transporting a minor across state lines for sexual purposes.

On Feb. 28 prosecutors and Lakin's lawyers proposed a binding plea agreement that would have removed all the sex charges against Lakin in return for guilty pleas on various drugs charges.

The deal also would have required Lakin to pay $180,000 in restitution to a Missouri-based advocacy group despite the fact that all crimes he is accused of occurred in Illinois.

In addition, the agreement called for Lakin to forfeit a $325,000 cash bond he put up rather than losing a home, pay a $20,000 fine and serve six years in federal prison.

Lakin earlier had pleaded not guilty to charges. A plea deal wiping out the sex charges could have offered Lakin, who would face a possible life sentence, the possibility of a better prison placement.

Gilbert rejected Lakin's plea proposal expressing concerns that the recipient of Lakin's $180,000 restitution fine would be a St. Louis victim's advocacy center rather than anything connected to his victims or the state of Illinois. He also questioned why victims in the case were not receiving any of the restitution.

"There's something wrong with that picture and I'm not buying into that provision," Gilbert said of the offer. He also expressed concern whether Lakin would be able to afford to pay such an amount because he had not seen Lakin's PSR which would disclose Lakin's financial situation.

Gilbert gave the sides until March 3, to iron out the flaws in the plea agreement, but at a hearing scheduled the same day, Clark and Rosenblum told Gilbert they were unable to reach a deal.

Gilbert ordered probation to do a PSR for Lakin and then ordered the report be expedited because normal processing would take around three months.

As it turns out, the report took three months to complete after all.

Gilbert also granted a joint motion to continue the March 17 trial. He said that the "ends of justice outweigh the defendant's right to a speedy trial."

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