Michigan Court of Appeals denies Nassar request for new hearing
Nassar had appealed based on comments made by the judge who sentenced him
LANSING, Mich. (WILX) - Larry Nassar won’t be getting a new sentencing in Ingham County.
The Michigan Court of Appeals denied his request for a resentencing in front of another judge.
The former sports physician claimed Judge Rosemarie Aquilina showed bias when she sentenced him in 2018.
During the sentencing hearing, Judge Aquilina said “It is my honor and privilege to sentence you” and “I just signed your death warrant.”
Aquilina sentenced Nassar 40 to 175 years in prison, which was the minimum sentence that fell with the range of his plea deal.
The judges said they denied his request because Nassar didn’t prove there was bias affecting his substantial rights.
And his appeal isn’t timely because it was filed more than 14 days after sentencing and he didn’t claim bias during the January 24, 2018 hearing.
However, the judges agreed Aquilina’s comments were inappropriate.
Judge Douglas B. Shapiro wrote the court shouldn’t reverse a ruling because of an isolated comment.
However, he said Judge Aquilina continued to make the comments, reinforcing the appearance of bias and he believed Nassar should be resentenced before a different judge.
Nassar’s attorneys told News 10 in a statement they are “pleased that one Court of Appeals judge recognized that the trial judge was not neutral, not fair, and biased.”
They plan to appeal the case to the Michigan Supreme Court.
Nassar is serving a 60 year federal prison sentence on child pornography charges.
He was also sentenced to 40 to 125 years in prison for a case in Eaton County.
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