A Cortland County woman could face a resentencing based on multiple violations of her probation in the past year.
Despite this, Kimberly Clark, 42, was given another chance to follow through with probation guidelines on Thursday in Cortland County Court.
Clark was sentenced to 10 years of probation in January 2022 for her conviction of second-degree attempted course of sexual conduct.
According to court documents, Clark had numerous incidents of inappropriate conduct while in the presence of her children for a few years. Court docs further noted at the time that Clark denied these allegations.
During her arrest in August 2020, Clark was also charged with second-degree criminal sale of marijuana, forcible touching and endangering the welfare of a child.
Under Clark’s forcible touching charge, court docs stated that she forcibly touched the “sexual or other intimate parts of another person for the purpose of degrading or abusing such a person” for years as well.
In county court on Thursday, it was noted that Clark was arrested on June 17, 2023, for violating sex offender registry requirements due to her failure to register a home address with the Cortland County Sheriff’s Office.
County judge Julie Campbell said on Thursday that Clark recently had a town of Cincinnatus address, but it was unclear if she still had it.
On top of multiple housing situations, Campbell noted that Clark has not been following through on calls, failed to make several probation officer appointments and sex offender sessions, and has not attended appointments for urine screenings.
“She appears unwilling to make significant changes.” Campbell said.
Defense attorney Kevin Jones noted that Clark had stable housing for five years, that is until November 2022. Jones added Clark lost her housing “through no fault of her own.”
“I can’t imagine the difficulty that creates,” Jones said, noting it could be the root of her probation violations.
Jones, who noted that Clark has been homeless, added there has been no indication of her missing appointments up until she lost her home. Jones also mentioned that Clark has only one felony offense on her record, including a misdemeanor conviction that is over a decade old.
“When (Clark) establishes stable housing, there certainly will be a dramatic change in her ability to comply with her needs, and that includes probation,” Jones said.
Campbell mentioned that Clark also violated her probation by going on social media, along with missing a urine screening in June 2022.
Assistant district attorney Jessica Weyant said on Thursday that her office is now seeking 1.5 years in person and eight years of post-release supervision in Clark’s resentencing.
“Clark’s criminal history was brief, but it involved repeated incidents of harm against her children, even after being withheld from her care,” Weyant said.
Weyant noted Clark is “not an appropriate candidate” for probation.
“She has done nothing to improve her situation. She has not done one single thing to help herself out and show that she’s willing to be compliant with the terms and conditions of the probation,” Weyant said. “It is clear that a severe consequence is needed in order to get through to this defendant that her actions will not be taken lightly by this court and this community.”
Before Thursday’s session began, Jones called for adjournment. Campbell decided to give Jones a “brief opportunity to stabilize” Clark’s situation.
Campbell noted she’s not optimistic.
“We have a very short window here,” Campbell said. “Ms. Weyant is going to tell me I told you so. I’m expecting that here.”
Clark’s next court session is scheduled for 3:30 p.m. Aug. 4.
