The parents of a baby who was raped at nine months left a Hastings courtroom in frustration Monday after the relative convicted of the crime succeeded in getting his sentencing delayed.
Michael Frederick Schmidt, 42, was convicted in September of raping the baby in April 2010. The girl needed extensive internal and external reconstructive surgery but has recovered.
On Monday, Schmidt, of Hastings, appeared in Dakota County District Court and explained to Judge Joseph Carter why he refused to cooperate with a presentence investigation and a psychosexual evaluation.
Schmidt said that he had decided he wanted a new attorney, and that a different attorney, in a phone consultation, had advised that he not cooperate. No name was given for the second attorney, who was not retained.
"I don't feel like I was treated fair," Schmidt told the judge, adding that his own attorney seemed to protect his wife more than work on his defense.
After meeting with his previous attorney, Cheryl Warn, Schmidt agreed to have her continue representing him.
The sentencing was continued until Dec. 6, but not without advice and an admonishment from the judge.
"I know your attorney represented you the best she could, but it was a hard case," Carter told Schmidt.