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High court won't review decision that overturned child molester's jail term

The Associated Press
01.12.99

WASHINGTON — The Supreme Court refused yesterday to review a Nebraska high court decision that overturned a child molester's prison sentence because the trial judge quoted Bible verses when imposing the man's punishment.

The justices let stand the Nebraska Supreme Court's ruling that new sentencing was required because reasonable people might question the judge's impartiality.

Yesterday's action, taken without comment, is not a decision and sets no national precedent. But state prosecutors argued that the state supreme court decision, if not overturned, would threaten judges' religious freedom.

Aaron Pattno pleaded guilty in Sarpy County, Neb., two years ago to sexual assault on a 13-year-old boy. Court records indicate that Pattno, 25, and the boy had been involved in a relationship for some time.

In ordering Pattno to serve 20 months to five years in prison, a state trial judge read a biblical passage that some interpret as condemning love between men.

On appeal, the Nebraska Supreme Court ruled that the judge had erred. "If a judge's comments during sentencing could cause a reasonable person to question the impartiality of the judge, then the defendant has been deprived of due process and the judge has abused his or her discretion," the state high court said.

The state court, noting that sexual contact between consenting adults is not a crime in Nebraska, said Pattno's crime was sexual contact with a minor — not with another male. "Therefore, the biblical scripture which the judge read was not relevant to the crime to which Pattno pled guilty," it said.

Pattno was re-sentenced by another judge, who last September imposed a sentence of four years' probation. By that time, Pattno had served 13 months in jail and under the original sentence had become eligible for parole.

State Attorney General Don Stenberg argued in the state appeal acted on yesterday that the first sentence should not have been set aside.

"This decision will have the effect of allowing criminal defendants (and) state prosecutors ... to investigate and inquire into a judge's religious beliefs in order to disqualify the judge or to have a conviction or sentence set aside," the appeal said.


Related

Death sentence overturned because of prosecutor's biblical references

Federal appeals panel says First Amendment 'requires us to be especially vigilant in guarding against religious argument.' 11.08.00

Child molester's sentence tossed because of judge's comments

This isn't first time Nebraska trial judge has made religious reference, had sentence he imposed overturned. 09.08.04

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