Prosecutors may try to tie pot plot conspirator to missing man's murder

Federal prosecutors might try to prove that Jacob Stadfeld was responsible for the murder of Amos Mortier, who disappeared six years ago, when Stadfeld is sentenced, according to a court document filed Wednesday.

Stadfeld, 34, who was convicted in September of taking part in a large-scale marijuana distribution conspiracy that involved Mortier, already faces at least 10 years in prison for his role in the conspiracy.

But Assistant U.S. Attorney Dan Graber wrote in the document that the government may try to prove at Stadfeld's sentencing hearing that he is responsible for Mortier's murder, adding it to factors U.S. District Judge Barbara Crabb can consider when sentencing Stadfeld on the pot charge.

Proof that he violated the federal homicide statute would not equal a murder conviction but it could set Stadfeld's minimum sentence at 20 years or as much as life, under the advisory federal sentencing guidelines.

Mortier, 27, was last seen at his Fitchburg home on Nov. 8, 2004. Nobody has been charged with his presumed murder.

One Stadfeld attorney, Steven Rueckert, declined to comment Wednesday, while the other, Michael Krejci, did not return calls.

Graber asked that Crabb delay sentencing for Stadfeld until January. The hearing is currently set for Nov. 10.

Graber wrote that U.S. Attorney John Vaudreuil has not yet decided whether to try and show that Stadfeld was responsible for Mortier's murder and will be out of the country this week. He wrote that Stadfeld's attorneys also agree that a decision by Vaudreuil should not be rushed.

Both sides will need more time to prepare for sentencing if Vaudreuil decides to prove Stadfeld's role in Mortier's presumed death, Graber wrote.

Graber said he could not comment. Dane County Assistant District Attorney Corey Stephan, who is assigned the Mortier case for a potential state court prosecution, said he could not discuss an active investigation.

The conspiracy conviction alone carries up to life imprisonment, with a minimum of 10 years behind bars.

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