WAUSAU (WAOW) – A state agent is recommending that the wife of former Marathon County Sheriff Randy Hoenisch be sent to prison in a burglary and drug-related case, according to a judge's ruling.
The judge refused to throw out a sentencing report prepared by the state Department of Corrections agent, clearing the way for Hoenisch's wife to be sentenced Aug. 12.
Kim Hoenisch, a 41-year-old one-time state probation agent, had argued the agent who prepared the report could not be impartial and unbiased against her.
Hoenisch was convicted of three felonies - burglary, misconduct in office and possession of narcotic drugs - and two misdemeanors after pleading no contest to the charges.
Hoenisch was fired from her job after a state investigation concluded she had stolen prescription drugs from one of her clients.
According to the criminal complaint, Hoenisch burglarized the home of a probationer in June 2012 in search of pain medicine. Her attorney has said she's battled addiction since the 1990s due to pain from multiple knee surgeries.
Hoenisch's attorney sought to "strike" the 31-page presentence investigation the Department of Corrections prepared for Judge Ann Knox-Bauer, claiming it was inaccurate and unfair.
In a ruling dated Friday and obtained Tuesday, the judge said the agent who wrote the report had no relationship with anyone involved in Hoenisch's case and simply because he was a state employee did not "automatically render him biased and partial against the defendant."
Knox-Bauer, a Taylor County circuit judge assigned to Hoenisch's case, also ruled that the fact the agent recommended prison over probation for Hoenisch did not show "actual bias or partiality."
The agent had testified that he would normally recommend probation for first-time drug offenders, the judge's ruling said.
Knox-Bauer ruled that Hoenisch is also being sentenced for burglary and misconduct in office. "Therefore, she may not be similarly situated to other first-time offenders," the judge wrote.
Prosecutors have said they will recommend that Hoenisch be sentenced to 18 months in prison and two years probation. Her attorneys intend to argue for probation with some jail time.