BLACKFOOT â€” The attorney representing Michael Roy Conn was in court Monday requesting reconsideration of Rule 35, a motion for reduction of sentence.
Conn is a former Blackfoot City Parks department employee who pled guilty to one count of sexual battery with a minor 16 or 17 years old in September 2010. He was sentenced to seven to 17 years in prison. He must also register as a sex offender.
Conn was sentenced in November 2010. Probation with conditions was recommended by the prosecuting attorney, defense attorney and the pre-sentence evaluator. District Court Judge Darren Simpson did not follow the plea agreement.
"The family believes the sentence was excessive," said defense attorney Justin Oleson. "Conn believes the court did not give much credence to the report by Dr. Linda Hanson Burger."
Conn has requested another psycho-sexual evaluation be completed by Dr. Kenneth Lindsey, Oleson said.
"The report of Dr. Lindsey is necessary for Rule 35," Oleson said. "If Dr. Lindsey has the same recommendation for probation as Dr. Hanson Burger, these would be seen as in support of Rule 35 or in appeal."
The state disagreed. Chief Deputy prosecuting attorney Randy Smith stated the state did not see the need to pay for a second evaluation.
"The report was adequately dealt with by the court," Smith said.
Oleson pointed out Conn paid for the first evaluation.
Conn is now indigent and incarcerated, Oleson said. "He has no financial means and is requesting a public defender."
Judge Simpson took the request for leniency under advisement. The judge ordered a transcript to know specifically what he said at the time of sentencing.
Conn can submit a letter requesting a public defender, Judge Simpson said.
Conn's next court date is Wednesday, Nov. 16.