Officials met yesterday to redo a sentencing that brought it into compliance with the law.
Lawyers and Judge Amy Harth met in the small courtroom of the Bourbon County Courthouse Thursday morning to correct a sentencing error in the case of the State of Kansas VS Joseph Banker.
Bourbon County Attorney Jackie Spradling and Defense Attorney Chris Meek met with Judge Harth via teleconference, with defendentJoseph Banker also present in the courtroom.
At the earlier sentencing on Feb. 2, all parties gave statements regarding the sexual exploitation of a child charges against Banker, Harth said.
“Everything everyone said was taken into account,” Harth said. “It was compelling.”
At that time Judge Harth sentenced Banker to 60 months probation.
Meek, Spradling, and Harth have been corresponding via email since the sentencing, Meek said.
“Judge Harth gave the wrong probation during the sentencing (Feb.2),” Meek said in an interview earlier this week. “It should have been 36 months for probation and the post-release supervision is 60 months.”
Spradling agreed that Judge Harth inadvertently put 60 months probation, and the sentence should have been 36 months.
“I realized within five minutes of the mistake that day,” Judge Harth told the two attorneys Thursday. “The previous order was void. I am correcting it. ”
To view prior stories:
Banker Sentenced To 36 Months Probation
Court Hears From Mental Health Professionals in Banker Case