Schwander Resentencing Looms; Test for Judge Elsenheimer

We’ll see if the fourth time is the charm for the 13th Circuit Court. The Robert Schwander resentencing is about to take place on February 3. There’s already a sentencing memo in the file.

The sentencing is going to be a big test for Judge Elsenheimer. Judge Power and Judge Rodgers dug their heels in and gave Schwander a sentence that exceeds the guidelines for his conviction. Schwander was convicted of second degree murder, even though prosecutors accused him of first degree murder.

The 13th Circuit Court has stuck firm to what is essentially a first-degree murder sentence through three different sentencing proceedings. This time, the Court of Appeals said Elsenheimer has one last chance to get it right, or they’re going to remand it to a different circuit to get it right. So will Elsenheimer play local politics, or will he do the hard job that they all claim they’re willing to do when they’re elected, and give Schwander a sentence that public opinion doesn’t support?

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2 thoughts on “Schwander Resentencing Looms; Test for Judge Elsenheimer”

  1. Public opinion be damned…sentence this guy so that he can never re-enter our society!
    It would appear that it’s the attorneys who are keeping this going, because they never seek real justice, just more money.

    1. The point is not whether Schwander is a scumbag or not( he is). The point is that if a judge can override any deals the prosecutors made with a defendant’s lawyers, then the judge makes it so no one will ever trust the system. It will make the whole thing untenable with every case going on for years. Schwander will probably never see the outside of a cell, even with the original sentence, so it was just another example of a local judge playing God and putting on an act in order to appease his base(St. Francis??) to show that he is above precedents and that he is a king instead a judge.

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