Sentencing delay for Hastings man who raped 9-month-old girl

The judge upbraided the convict for refusing a presentence investigation and other delays.

November 9, 2010 at 3:28AM
Michael Schmidt
Michael Schmidt (Dml -/The Minnesota Star Tribune)

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.

"It's easy to blame others," but a jury found that Schmidt committed the crime, the judge added.

Carter told Schmidt that if he again tried to fire his attorney, and did not have another lined up, he could be "stuck" representing himself.

Carter also warned Schmidt that he was facing a long sentence -- the sentence recommended by a probation officer is 24 years -- and he ordered that the presentence investigation and psychosexual evaluation be completed as soon as possible.

"This is not a game and I'm not going to play a game with you," Carter told Schmidt.

After the hearing, about 10 of the baby's relatives, including her parents and maternal grandparents, clustered in a courthouse hall, expressing their frustration and calling the delay "horrible." Their names and that of the baby are not being published because she is a rape victim.

Joy Powell • 952-882-9017

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JOY POWELL, Star Tribune