July 20, 2021 at 10:46 a.m.
Local man to serve 9 months in jail for 2020 sexual assault
Local man to serve 9 months in jail for 2020 sexual assault
On June 17, 2020, David L. Lanke was charged with second-degree sexual assault and third-degree sexual assault in connection with an incident in the Town of Pelican on May 24, 2020. According to the report of the investigating detective, the mother of the alleged victim went to the sheriff's department to file a complaint based on statements made by her child. She told the detective that she called Lanke to confront him about what her child said happened and Lanke admitted to what the child had accused him of doing.
The detective also interviewed the alleged victim who confirmed sexual contact took place without consent.
Lanke made his initial appearance June 17, 2020 before judge Michael Bloom, who set the matter for an adjourned initial appearance on June 25 and ordered Lanke held on a $10,000 cash bond. At the adjourned initial appearance, Bloom modified the bond to $3,000 cash and $7,000 signature and scheduled a preliminary hearing for July 10.
Lanke, through his attorney Brian Bennett, waived his right to a preliminary hearing, and Bloom found there was probable cause to move the case forward.
The case was then set for a three-day jury trial starting Feb. 24. However, during a pretrial conference on Jan. 12, Bennett asked for a delay due to the constraints caused by COVID-19 and district attorney Michael Schiek had no objection. The case was put back on the court calendar for a jury trial to begin July 13.
Following a pre-trial conference June 11, it still appeared the case would be headed for trial. However, according to online court records, on July 9 the trial was changed to a plea and sentencing hearing.
As part of a plea agreement, Schiek moved to amend the second-degree sexual assault charge to fourth-degree sexual assault, a A class misdemeanor. He also proposed a two-year delayed entry of judgment on the remaining felony charge. Bennett confirmed the details of the agreement.
After Bloom approved the motion to amend count 1, Lanke entered a no contest plea.
After Schiek read a statement from the victim and he and Bennett made their sentencing arguments, Lanke was given a chance to speak on his own behalf.
"I can't tell (victim) and her mom how sorry I am," Lanke told Bloom. "The words would be meaningless at this point. The fact is, from the incident on, I have no way of conveying how sorry I am and how regretful this whole thing has been."
As Bloom went through the various sentencing factors he had to consider in determining a sentence, he kept going back to the gravity of the offense as well as a 1992 case where Lanke was found guilty of second-degree sexual assault of a child in Vilas County. He was sentenced to six years in prison, and lifetime registry as a sex offender May 7, 1993 in that case.
The judge noted that despite the felony record and sex offender registry status, Lanke appeared to have become a productive member of the community over the years.
"Which is much more reason to appreciate and have some humility in the face of what is a relatively good situation for someone here locally," Bloom said. "A good job, something to do, someone who apparently loves you that you have left and something to look forward to. All anyone needs for happiness and success in life."
"But here we are, and what does that mean?" Bloom added.
He noted there isn't a lot of information available on the 1992 case at which time Lanke was 26 years old.
"You were sentenced to six years in prison, which suggests to me that the underlying facts were not trivial," Bloom said.
He again noted the fact that Lanke has managed to live a productive life, and that the "public need fear no longer such conduct from him."
"But we don't know," Bloom added.
"In my mind, the question is not how much time you spend in jail, but whether I should have accepted this agreement in the first place," Bloom said. "The answer to that question is yes, it's been accepted."
He said he had to trust Schiek's discretion as district attorney that the agreement was an appropriate way to resolve the case.
"It's an easier mechanism for resolving this case from the perspective of the victim than the bloodsport of trial," Bloom noted.
Bloom then handed down the 9-month jail sentence, which he said could be served with Huber privileges. Lanke has until July 29 to report to begin serving his sentence.
Jamie Taylor may be reached via email at [email protected].
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