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Judge Aquilina denies Larry Nassar's request for new sentence on sexual assault charges

She denied the motion for a new sentencing during a motion hearing this afternoon.

LANSING - Judge Rosemarie Aquilina has denied Larry Nassar's request for a new sentence on his Ingham County sexual assault convictions.

The bid began earlier this month when Nassar's court-appointed appellate attorneys filed the motion seeking a new sentence and a motion to remove Aquilina from the case, calling her biased against their client.

Aquilina refused to remove herself and the Ingham County chief judge denied an appeal of that decision filed by Nassar's attorneys. She denied the motion for a new sentencing during a motion hearing this afternoon.

Both Aquilina's denial of the new sentencing hearing and the chief judge's decision to keep her on the case can be appealed.

The 55-year-old former Michigan State University and USA Gymnastics doctor is serving a 60-year federal sentence on child pornography charges.

Additionally, Aquilina sentenced Nassar in January to 40 to 175 years in prison on seven first-degree criminal sexual conduct charges. The sentence came at the end of seven days filled with victim-impact statements from 156 women and girls. Weeks later, Eaton County Circuit Court Judge Janice Cunningham sentenced Nassar to 40 to 125 years in prison on three sexual assault charges.

Nassar sought new sentences, which both followed the guidelines in his plea agreement, in Eaton and Ingham counties. A hearing in Eaton County is set for Sept. 6.

A federal appeals court last week denied Nassar's appeal of his federal sentence, which also requires him to serve his 60-year federal sentence before serving any time on the state charges.

Nassar's attorneys had argued in their motion from earlier this month that Nassar was entitled to a new sentencing on three legal grounds. Aquilina was biased against him, which violated his due process rights, they wrote, adding that she considered impermissible factors in reaching the sentence and Nassar's state sentences should be served at the same time as his federal sentences, not after.

The Michigan Attorney General's Office, which prosecuted Nassar, defended Aquilina's conduct during and after the sentencing and argued that she didn't consider impermissible factors in reaching her sentence.

"As the conscience of our community, and after listening to the statements of over 150 victims of Defendant Larry Nassar's sexual abuse, Judge Rosemarie Aquilina voiced the community's moral outrage. No wonder," the AG's Office wrote in its response to the motion seeking a new sentence.

"Defendant Nassar is arguably the most destructive serial sexual predator in the history of the State, perhaps the country."

Check back for updates.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.

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