Chief Justice Michael Kruse has denied a motion by Wayne Otto Smith, convicted of sexual crimes, to vacate his sentence.
Smith, through his attorney Richard deSaulles contends that the government had promised in a plea deal it would not seek the maximum sentence for him and this was based on an email from the prosecutor Assistant Attorney General Christy Dunne to deSaulles.
However this was not included in the plea agreement for Smith who is serving a 15 year sentence, the maximum for three counts of incest involving his step daughter.
Chief Justice Michael Kruse said at the beginning of a hearing this morning that he had read the attorneys briefs and “someone lied to the court.”
He said the court had dismissed a host of charges against Smith based on the plea agreement that the parties signed off on and it would be a dangerous precedent if the court grants the defense motion based on a side deal that the attorneys made.
deSaulles said he understood the court’s position and all he could say is that his client was led to believe that the government would not seek the maximum sentence.
At the same time deSaulles spoke up for his colleague Assistant AG Dunne saying he believed it was an honest mistake that the bit about not seeking the maximum was omitted from the written plea agreement.
The chief justice told deSaulles he too should take the blame.
The defense attorney responded he accepts part of the blame and he also owns up that the plea agreement wasn’t complete when it was presented in court as being complete.
Kruse said there will be no more plea deals if the court allows the motion.
He said a plea agreement was signed, and the defendant understood the terms of the agreement and just because he doesn’t like the sentence, he cant change his mind now.
Kruse said one option was to cancel the plea agreement and retry the case,.
In the end he denied the motion to vacate the sentence and said the defendant will be held to the plea agreement.
Kruse left an opening for the defense to file an appeal.
Before the attorneys left the courtroom the CJ told them he will be sending an order on sanctions.
