Just a few days after a Hutchinson man was bound over for trial for allegedly attacking District Attorney Keith Schroeder during a hearing in his child sex case, the Kansas Court of Appeals has sent the child sex case back to District Court for re-sentencing.
Michael Sherman was sentenced to life in prison under Jessica’s Law by Senior Judge William “Buck” Lyle.
He was convicted after he reported to police that he sexually abused his own infant child. He admitted that he was alone with the child and was watching pornography on his cell phone, then sodomized the child. He reportedly visited two porn websites using a smart phone.
Sherman entered a guilty plea to aggravated criminal sodomy charge.
The Appeals Court ruled that the judge misspoke when he denied a motion for a downward departure saying he thought he would be reversed on appeal. In any case, a judge must find substantial and compelling reasons to grant a departure. The defense in this case spoke of Sherman’s lack of criminal history and his age at the time of the offense. Those two items mentioned are listed as things a judge can consider when deciding on whether to grant a downward departure.
They ordered the case back to District Court to again consider the downward departure and vacated the sentence as it was given under Jessica’s Law. District Attorney Keith Schroeder says considering the new charges against Sherman, he won’t handle the sentencing when it comes back. He says he doesn’t think it would look proper considering he’s the victim in the other case against Sherman which is currently pending.
As we told you, Sherman earlier this week entered a “not guilty” plea to two alternate charges. One being attempted first degree murder and the other, aggravated battery.
In this case, Sherman is alleged to have attacked Schroeder after retired Judge Lyle upheld his sentence in a child sex case. He’s alleged to have jumped on Schroeder who was sitting at the prosecution table a few feet away. Witnesses said Sherman jumped from his seat, put Schroeder in a headlock and tried to choke him with the chain of his shackles. This occurring back on July 10, 2013. He faces trial in this case on June 10.
When the sodomy case will come back to District Court is unknown.