UPDATE:: Cult leader Victor Barnard re-sentenced, judge makes findings for civil commitmentMinnesota cult leader Victor Barnard has won an appeal of his criminal conviction, throwing out the upward departure of his 30-year prison. Barnard's sentence will be reduced to 24 years.
Cult leader Victor Barnard returned to a Pine County, Minnesota courtroom on Tuesday for re-sentencing after winning an appeal last November that challenged his 30-year prison term. On Oct. 11, 2016, Barnard unexpectedly pleaded guilty to sexually molesting two of his teenage followers.
The 30-year sentence was an upward departure in a plea deal that was agreed upon by prosecutors and Barnard’s defense, but it was tossed out on appeal based on a judicial technicality. Barnard had been charged with 59 counts of criminal sexual conduct, but pleaded guilty to two counts that carried a presumptive sentence of 24 years in prison. A three-judge appeals panel sided with Barnard because the court failed to provide its reasons for the upward departure at the time of the original sentencing.
The court ruled "the case law on this issue is clear: when a district court fails to provide reasons for a sentencing departure on the record at the time of sentencing, no departure will be allowed. Although we have no doubt that permissible departure grounds exist in this case, because the district court did not provide any departure grounds on the record at the time of sentencing, case law compels us to remand for imposition of the presumptive sentence. We are obligated to follow the law."
Sources tell Fox 9 Barnard has been moved to a prison outside of Minnesota, for his safety. In January an inmate of the Rush City, Minnesota, prison said he “was doing God’s work” when he allegedly assaulted Barnard in a cell.
Cult leader Victor Barnard wins appeal, sentence will be reduced - Story | KMSP
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