My name's Michael Corey.
I presided over the case that involved Justin Schneider.
What far too many people didn't understand
is that his conduct with respect to that victim
in the state of Alaska was not considered a sexual assault
because what he did did not constitute sexual contact.
Mr. Schneider ejaculated on the defendant.
I absolutely did my job by following the law
of the state of Alaska.
One needs to understand that this
was not an open sentencing, this was a plea bargain.
This sentence was not my idea.
(dramatic music)
I knew that this didn't feel right.
I really felt like I was strapped to a locomotive
going off a cliff.
I had to follow the law.
Mr. Schneider was sentenced to two years,
the maximum sentence that he could receive for that offense.
One of those years was suspended,
the other year he had effectively already served
on ankle monitoring, consequently he walked out
of the courtroom a free man, much to the chagrin
of everyone, including myself.
The majority of the voters in Alaska decided
that I would not retained for another term
and so I stepped away.
If I had it to do all over again,
my decision would be the same.
(dramatic music)
Okay, please welcome retired Superior Court Judge,
Michael Corey, thank you so much for being here.
(applause) Your welcome.
Hello folks.
You met Michael and Judge Cordell, Wendy Murphy is with us
by satellite and she'll be weighing in.
Judge, you said that you wished
that you could have done more but that you couldn't.
Well, the law didn't allow it,
it was a B felony, B felonies
are punishable by zero to 10 years.
Mr. Schneider had no prior felonies
so he was presumptive zero to two years
and without the state pursuing aggravators,
there was no way to go above the two years.
So based on the nature of the offender and the offense,
there's a cap to what the court is allowed to give.
So, you didn't have the option to give this person 10 years.
Exactly.
Now, also in your defense and people don't understand,
what he did, he ejaculated onto her,
that is not considered a sex crime in Alaska.
It was not at the time.
That's called harassment.
That's correct and he was,
(audience exclaims)
and that's what he was charged with.
It allowed for two years,
one year was ankle monitor at home.
That's correct.
There was another year available that could be given,
you suspended that year.
That's, well, yes, I implemented a sentence
that was the result of a plea bargain.
This plea bargain was not my idea.
Okay, but wait a minute, this is where you lose me,
you do have the right to reject the plea bargain,
don't tell me you don't, 'cause you do.
Well, absolutely and then it goes to the court of appeals
and it gets reversed and it comes right back.
What I'd like to know if somebody disagrees with that,
what would be the basis upon which to legitimately
reject that plea bargain?
It is outrageous given the nature of the crime.
There's so much wrong with what Judge Corey is saying.
And in a case like this your job should have been to say,
I'm horrified that the prosecution dropped
some of the important charges here.
I'm horrified that my hands are tied
with no more than two years and in order for me
to do my job which is to respect the integrity
of this women's life and the horrifying nature
of this crime and the public's interest
in making sure this doesn't happen again,
I have to send a message and all I have is two years maximum
to send that message, I'm giving him two years period,
that's what you should have done, Judge Corey
and you didn't do it.
(applause)
I understand the narrative that you're putting forward
when you put it that way, it sounds horrible
but that comes from a person
who just doesn't understand the situation.
If you felt that strongly about it,
you could have rejected the please bargain, correct?
(applause)
No. Well, that's the question.
No, the answer is there was no legitimate basis
upon which to reject that plea bargain.