Michigan Attorney General Dana Nessel on Tuesday filed a brief in opposition to sexual predator Larry Nassar’s latest effort to seek resentencing by filing an application for leave to appeal in the Michigan Supreme Court.
While Nassar argues that Ingham County 30th Circuit Court Judge Rosemarie Aquilina was biased against him during his sentencing hearing and post-sentencing, Nessel urged the court to deny the leave to appeal because Nassar’s claims are not only baseless, but directed to the wrong forum.
“Not only are Nassar’s arguments without merit, but the Supreme Court is not the place to argue this issue,” said Nessel.
Nassar would not benefit from any action by the court. Any sentencing relief at the state level would not begin until the completion of his 60-year federal sentence. And, the sentence Nassar challenges would be concurrent to a final sentence for other sexual assaults he committed in neighboring Eaton County.
“With Nassar’s express agreement, Judge Aquilina listened to more than 150 survivors describe their sexual abuse by him. While Judge Aquilina may have responded at times to the emotional victim impact statements with inappropriate language, she ultimately sentenced Nassar within the range to which he had previously agreed. The last thing the victims should have to endure is prolonging the closure they so desperately need,” said Nessel.
The chief judge of Ingham County Circuit Court and the Michigan Court of Appeals have both ruled that Nassar is not entitled to relief. The Court of Appeals held that the judge need not have disqualified herself from hearing Nassar’s motion for resentencing, and that Nassar is not entitled to resentencing. Independent of this case, Nassar’s federal sentence and his Eaton County sentence are final.
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