LOGAN — A sentencing date has been scheduled for Michael Anthony. The 58-year-old Logan man who was found guilty in April of sexually assaulting a woman.
The sentencing had been delayed after defense attorneys filed a motion requesting a new trial, in 1st District Court. They claimed that prosecutors coached the victim in the case while she testified during the April bench trial.
During Friday’s hearing, Judge Brian Cannell said he was troubled by the delay and said defense attorneys should have waited until after sentencing to file their request. He scheduled Anthony’s sentencing for October 25 and set a hearing date to consider a new trial for November 10.
Anthony was originally charged with performing oral sex on a 20-year-old woman in a bathroom, during a 2013 Halloween party. The alleged victim said the assault happened after she became semi-unconscious from drinking and doing drugs at the party.
During the April trial, the victim testified that she heard Anthony’s voice saying how beautiful she was, as she felt herself being assaulted. She said, she later woke up in a bedroom, downstairs in the home and had little memory of what else happened.
While being cross examined by defense attorneys, the victim became emotional and stepped off the witness stand. She left the courtroom and met with prosecutors in a conference room for 15-minutes, before being called back to the stand.
According to the defense’s motion for a new trial, prosecutor Barbara Lachmar was overheard instructing the victim to say she did not remember events of that specific night. Defense attorney Wayne Caldwell claims that Lachmar admitted to making inappropriate coaching comments to the victim during the recess.
Judge Cannell later found Anthony guilty of attempted forcible sodomy, a first-degree felony.
During Friday’s hearing, state attorney Spencer Walsh said defense lawyers may have misinterpreted what they overheard during the recess break.
Judge Cannell expressed concern about the allegations and warned that he would file a complaint with the Utah State Bar Office of Professional Conduct, if he felt like any of the attorneys violated the Rules of Professional Conduct. He stated that he felt obligated to ensure there wasn’t any malfeasance committed.
<hr /><p style=”text-align: center;”>firstname.lastname@example.org