


The girl committed suicide in 2010 while the case was pending.

After apologizing for his comments, Baugh now says a two-year minimum prison sentence appears mandatory and that his original sentence appears to be illegal. On the judge's order, Rambold was returned from Montana State Prison for a Friday resentencing hearing in Billings.


On Thursday, the Montana Attorney General's Office submitted an emergency petition asking justices to block the Friday resentencing. State attorneys said the hearing would "cause a gross injustice to an orderly appeal."


Rambold's attorney said in a Thursday court brief that a new sentence "will only create confusion and uncertainty for all parties." Attorney Jay Lansing also said the original sentence -- 15 years with all but 31 days suspended and a one-day credit for time served -- was appropriate under the law.



University of Montana School of Law professor Jeffrey Renz said the prosecution and defense appear to have the law on their side in arguing Baugh's attempt to turn back the clock on the case violates proper procedures.


Beyond the legal issues in play, Friday's hearing could give Baugh a chance to publicly explain actions that have sparked harsh criticism for the judge, including from activists who say his disrespect for the victim makes him unfit for office.

A resentencing hearing "gives him a chance to pull his foot out of his mouth," Renz said.

Baugh said at Rambold's Aug. 26 sentencing that victim Cherice Moralez was "older than her chronological age" and had control over the months-long relationship with her teacher.

The sentence he handed down was suggested by Rambold's attorney.

Prosecutors had called for a 20-year prison sentence with 10 years suspended. They didn't challenge the 30-day sentence as illegal until after the fact, when they discovered the mandatory minimum for sexual intercourse without consent was two years in prison.



