Judge tells Lokken petition 'not persuasive' in his favor
Aug. 13—EAU CLAIRE — An Eau Claire County judge told former Eau Claire County Treasurer Larry Lokken Thursday that his attempt to seek an early release from his prison sentence through a geriatric petition is not helpful to his cause.
"Your petition alone is not persuasive in your favor," Judge Jon Theisen said during a hearing that was supposed to determine whether Lokken's petition would be granted or denied.
Lokken appeared by Zoom from prison without an attorney.
Theisen determined Lokken didn't fully understand the nature of Thursday's hearing and his decision to waive counsel.
Theisen told Lokken he would reschedule the hearing after giving Lokken more time to decide whether he wants an attorney or to represent himself.
Lokken, convicted in 2015 of stealing more than $625,000 from taxpayers between 2011 and 2013, filed the petition in March. State law allows an inmate to seek a modified sentence through a geriatric petition if he is at least 65 years old and has served at least five years of his prison sentence.
Lokken, 74, was sentenced by Theisen in January 2016 to 9 1/2 years in prison and 11 years of extended supervision for his role in the theft.
Lokken is scheduled to be released from prison on June 13, 2025.
The state Department of Corrections' Program Review Committee considered the petition and ruled May 4 that "public interest would be served" by modifying Lokken's prison sentence.
The committee said Lokken's age, non-assaultive offenses, lack of other criminal history and anticipated supervised release conditions would reduce his risk to public safety.
The committee referred the petition to Theisen because he presided over Lokken's sentencing.
In his petition, Lokken has expressed responsibility for his crime.
"As the county treasurer, the responsibility for what happened falls completely on me. I understand I am responsible and I accept that fully," he said.
"I have worked very hard to come to terms with this, and I continue to work to improve my awareness, responsibility and accountability for everything I have done and will continue to do," Lokken said.
"When I was first convicted, I was in denial, and now understand I have culpability and accept this fully," he said.
Though the criminal cases were tied just to thefts prosecutors knew about at the time charges were filed, further investigation by the Eau Claire Police Department showed that Lokken, the county's elected treasurer for 37 years, and Kay Onarheim, his top assistant who worked in the treasurer's office for 34 years, stole a total of $1.39 million of taxpayers' money from 2001 through their retirements in 2013.
Lokken pleaded no contest in November 2015 to eight felonies — five counts of theft and three counts of misconduct in office — for his role in the embezzlement scandal that rocked the county. Onarheim pleaded guilty in October 2015 to the same eight charges.
The pair concealed the money they stole by changing figures in reports about delinquent tax payments — money the county didn't necessarily expect to receive, the police investigation revealed.
In March 2016, Theisen sentenced Onarheim to eight years in prison followed by nine years of extended supervision.
