HUTCHINSON, Kan. (AP) — A Hutchinson man convicted of the sex assault of a 4-month-old child has been resentenced to about 14 years in prison.
Michael Sherman pleaded guilty in 2012 to abusing the infant and was sentenced to life without parole for 25 years, The Hutchinson News reported (http://bit.ly/SXXU4w ).
The Kansas Court of Appeals ordered a resentencing because, the court said, Reno County Senior District Judge William Lyle did not fully address his reasons for not granting Sherman a departure from the full sentence.
Sherman’s defense attorney Peter Orsi said the court would be “putting society in danger” if it upheld the life sentence by treating Sherman, who turned himself in to police, like other defendants. He said that imposing the harshest penalty on Sherman would create a gag effect on all others who would be coming forward with crimes they committed.
“To treat him the same . this is a message the court is sending out,” Orsi said.
He was resentenced Thursday by Judge Trish Rose, who cited Sherman’s lack of criminal history and the fact that Sherman turned himself into police after the abuse. Rose ordered Sherman to serve nearly 14 years, plus lifetime post-release supervision. She called the case “overwhelmingly sad” and also ordered Sherman to have no contact with the victim.
Sherman also faces additional charges stemming from his re-sentencing hearing July 10, 2013, when Sherman lunged and attacked Reno County District Attorney Keith Schroeder. In that case, Sherman has pleaded not guilty to attempted first-degree murder. His jury trial is scheduled to begin June 9.
Information from: The Hutchinson (Kan.) News, http://www.hutchnews.com