Woman's plea request rejected

By Christopher Caskey / The Citizen

Wednesday, November 28, 2007 9:43 AM EST

AUBURN - Judge Mark Fandrich denied a Rochester woman's request to remove her guilty plea for a felony drug charge.
Tamara Clark pleaded guilty in November 2005 to third-degree attempted sale of a controlled substance for helping her husband, Jimmie Clark, sell crack cocaine in Auburn.

An arrest warrant was issued when Clark, 31, failed to appear in court for sentencing in February 2006.

According to Fandrich, the court did not hear from her after that. Clark was arrested earlier this month on a bench warrant.

Defense attorney Joseph Sapio said in court Tuesday that Clark only pleaded guilty because she was under pressure to get out of jail so she could take care of her 4-year-old child, who was recovering from cancer.

“She would have pled guilty to anything to get back to her child,” Sapio said.

Clark told Fandrich that she pleaded guilty because she was told it was the only way to get her bail lowered at the time. She also said in court that she only drove her husband to Auburn on the day the drug deal took place.

“I did bring him up here,” she told Fandrich. “But I am not guilty of selling drugs, your honor.”

But Fandrich denied the request and read the minutes from the 2006 plea date. In the minutes, Clark admitted that she was involved in the drug sale.

“I do not believe you have sufficiently shown that your arrest or plea was without just cause,” Fandrich said.

Clark was remanded to Cayuga County Jail without bail and is scheduled to be sentenced Jan. 8.

Also in court:

• An Auburn man pleaded guilty to the felony charge of first-degree criminal contempt in Cayuga County Court Tuesday.

Anthony Daniels, of 47 West St., admitted in court that he violated an order of protection by chasing and hitting a woman on March 27. The plea satisfied an indictment filed Oct. 10 which included another felony criminal contempt charge, as well as three misdemeanors.

Daniels, 28, will be sentenced as a second-felony offender. He pleaded guilty to assault in January 2006, and he was sentenced to a year of probation at the time.

For his guilty plea, Fandrich promised to sentence Daniels to 1.5 to three years in prison, pending a pre-sentence investigation. Daniels is scheduled to be sentenced Jan 22.

• Wayne Lamb waived prosecution by indictment before pleading guilty to fifth-degree criminal sale of a controlled substance. Lamb, 32, admitted to selling crack cocaine to a confidential informant in April.

The arrest came just days before Lamb was sentenced to 3.5 years in state prison and two years post-release supervision for the felonies of third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance. He is currently being held in the Elmira Correctional Facility.

Fandrich told Lamb that he will likely give a sentence of two years in prison, which will run consecutive with the prior conviction. Lamb is scheduled to hear his sentence Jan 15.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net.

The Citizens' Say

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There are 3 comment(s)

justaround wrote on Nov 29, 2007 9:58 AM:

" I have to wonder as well Forrest. If she was so concerned about her child where was this child while they were scoring drug money here. She knew she was driving him here and for what as well. "

james_13021 wrote on Nov 29, 2007 6:54 AM:

" Fandrich your loosing your compassion, tolerance and understanding. You are becoming the worst in what you are suppose to be judging. Someone has gotta love this guy, and show him what compassion is all about. Note: Punishing the driver for the passengers problems---Guilty by association??? Fandrich you have seen and heard tool much bad stuff, day in and day out, for years. You need to take a break and step back for awhile and get in touch with life and family. Live for once, instead of hiding behind your gavel, and hurting the innocent. Let the woman leave to take care of her child, or this is only going to compound the problem, by having the child a ward of the state... Help the situation, don't make it worse!!! "

forrest wrote on Nov 28, 2007 5:50 PM:

" How come this Clark woman wasn't home taking care of her sick child in the first place, instead of her and her husband selling drugs in Auburn? "

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