May 24, 2021 at 11:20 a.m.
Judge denies former teacher's request for sentence modification
Judge denies former teacher's request for sentence modification
By River News Staff-
Stephanie Pudlowski is scheduled to begin serving her time on or before May 31. However, on May 3, her attorney Nila Robinson advised the court that the Oneida County sheriff's department had denied her client Huber privileges, potentially complicating her employment situation, and requested the sentence be revisited.
"Part of what the court ordered in its imposition of sentence was that Ms. Pudlowski might serve her sentence 'w/Huber for all purposes may serve in any county in the State of Wisconsin," Robinson wrote in the motion for sentence modification. "Ms. Pudlowski has endeavored to arrange to check into jail in a manner consistent with those privileges, but also endeavoring to increase her income and fulfill her other responsibilities, including caring for her family and paying for her therapy. That has been made impossible by the limitations imposed by the Oneida County Jail."
According to her attorney, Pudlowski received a job offer in Marathon County that would result in better pay, better conditions and a job a little more distant from Rhinelander. However, the sheriff's decision to deny Huber has precluded her from taking the job.
Pudlowski, 39, was charged last May with one count of felony sexual assault of a child and one misdemeanor count of sexual intercourse with a child. On Oct. 27, 2020, the felony charge was amended to sexual assault of a student by school staff. Pudlowski pled no contest to that charge on April 1 and was sentenced by Branch II judge Michael Bloom.
At sentencing, district attorney Mike Schiek said the relationship between Pudlowski and the victim had been going on for a couple years.
"I think in the beginning it was Ms. Pudlowski trying to help out," he said. "For whatever reason, that morphed into something more significant."
"In the end, I do believe she took advantage of a vulnerable young person," the prosecutor added.
Pudlowski resigned from the School District of Rhinelander just before her initial court appearance in the case.
At Thursday's hearing, Schiek stated that he did not know why the sheriff had denied Pudlowski Huber privileges but argued against Robinson's suggestion that her client be allowed to serve home detention. Home detention would involve Pudlowski being confined to her residence when not at work, Robinson said.
"I'll be honest, judge, I think it's just kind of a run around to get Ms. Pudlowski to serve a home detention sentence which to be honest with you is nothing that I anticipated," Schiek said. "I thought there would be a punitive sanction of being required to stay in custody with release for Huber. But there's a difference between a home detention sentence and an in-custody jail sentence."
Reached for comment after the hearing, sheriff Grady Hartman said Huber evaluations can be very complex and noted there were concerns in Pudlowski's case because she requested to be allowed to take a job in another county.
Bloom ultimately denied the motion for sentence modification, citing longstanding precedent precluding judges from dictating how sheriffs run jails, as well as the lack of a new factor, but noted that Pudlowski could gain Huber privileges if she is able to secure employment in Oneida County.
"If Ms. Pudlowski presents the Oneida County sheriff with employment that she has here in Oneida County, and (the other provisions associated with Huber privileges are in place), then the sheriff must allow that, because that's what the law is and I know that sheriff Hartman is aware of that," he said.
Pudlowski is also required to register as a sex offender.
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