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Nassar's request for resentencing denied by Judge Rosemarie Aquilina

August 27, 2018
Judge Rosemarie Aquilina adjourns court on Aug. 27, 2018, at Ingham County Circuit Court. Nassar’s attorneys wanted Aquilina removed because they believed she expressed bias during the trial.
Judge Rosemarie Aquilina adjourns court on Aug. 27, 2018, at Ingham County Circuit Court. Nassar’s attorneys wanted Aquilina removed because they believed she expressed bias during the trial. —
Photo by Anntaninna Biondo | The State News

Larry Nassar's lawyers' request for resentencing in Ingham County was denied by Judge Rosemarie Aquilina.

Back in July, Nassar's lawyers began to file a steady stream of appeals to multiple courts where he has received sentences, including in Ingham County and Eaton County.

Chief Judge Richard Garcia of Ingham County denied the appeal to remove Judge Aquilina from the case. The appeal cited bias on behalf of Judge Aquilina during the case.

In January Judge Aquilina sentenced Nassar to 40 to 175 years in prison after he pleaded guilty to seven counts of criminal sexual misconduct at the end of seven days of victim impact statements. 

Nassar is serving an additional 60-year federal sentence on child pornography charges.

Chief Deputy Attorney General Laura Moody addressed the defense's concerns over what they considered a lack of due process and lack of objectivity on behalf of Judge Aquilina.

Moody said Judge Aquilina was within her right to mention that legislation may change after the sentencing and that she did not incite a public outcry. An emotionally laden victim impact statement is not unlawful.

"A sentencing hearing is not just a forum for the defendant," Moody said. "The sentencing hearing is a forum for the victims as well."

Moody said it's important to let the victims speak so they can reclaim their voice, dignity and power. It allows victims to finally be heard.

"The sentence he's now complaining about is the sentence he bargained for. So it's not as if this court imposed a term of years not contemplated by the parties," Moody said. "This is a typical case of buyer's remorse and now that Nassar is sitting in prison, he regrets the agreement."

Judge Aquilina said Nassar is trying to keep the survivors still under his control and get the court to "hold his hand" as he attempts to captain his own sentence, a sentence he plead to.

"This is not Burger King, he will not have it his way," Judge Aquilina said. "He is trying to order everything up his way and forget the original order he made."

Finding no legal violations in her own methods, Judge Aquilina said there were no errors in her sentencing and that there is no reason to withdraw a valid plea. She did, however, defer to the federal judge the decision as to whether Nassar's state sentences have to be served after his federal one.

"He has continued to show a lack of remorse, a lack of any ability to be reformed. Society will not be protected if he is ever outside of a prison," Aquilina said.

Nassar is also is seeking resentencing in Eaton County. A hearing is set for Sept. 6.

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