Sep 09, 2008 - 04:05:18 CDT
FARGO - Prosecutors and defense attorneys are asking a judge to again consider a plea agreement in the case of a teenager accused of killing his sister, citing a report that says he can be rehabilitated.Judge John Irby rejected a plea deal in May in the case of Sergei Carlson, 16, of Sun Prairie, Wis. The teen is charged with murder and a deviate sexual act in the July 2007 death of his 16-year-old sister, Whitney, in Fargo.
In a joint motion filed Monday, attorneys said a recent psychological evaluation shows Sergei Carlson's prognosis for rehabilitation is "fair to good," depending on his care.
The attorneys asked Irby to schedule a hearing on the motion. The judge has not yet ruled.
Defense attorney Mark Beauchene and prosecutor Reid Brady, both of whom signed the motion, were not immediately available for comment. The Rev. Scott Carlson, Sergei's father, had no comment.
Scott Carlson sent a letter to Irby in June, asking the judge to reconsider the plea agreement that would have called for a sentence of 30 years in prison. The elder Carlson said he made the letter public in July because he had not heard from the judge.
"The sad news is that because of his decisions, not only does our family continue to endure a lengthy process that could have and should have been done a month ago," Carlson wrote in a cover letter to reporters. "But as we move closer and closer to a trial, the reality is this will continue for a long time."
The teenager's trial is scheduled to start next Monday in Bismarck. Authorities have said he told police he strangled his sister in her bedroom with his hands, put pillows over her face to muffle her sounds, then had sexual contact with her.
In rejecting the plea agreement in May, Irby said there was no evidence that Sergei Carlson would be "appropriately rehabilitated," and said he had an obligation to protect society.
The joint motion Monday said the report by Dr. R.P. Ascano shows that Carlson's "risk of potential future violent behavior should be null and void" by the time he's released from custody.
"Accordingly, the parties respectfully request that the court reconsider the plea agreement previously filed in this matter at a hearing to be set by the court," the motion said.
Me wrote on Sep 9, 2008 10:14 AM:
silly wrote on Sep 9, 2008 9:26 AM:
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