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Last updated 8:51 am CT February 09, 2010.
Federal Judge Accuses Prosecutors of Injustice
On Tuesday, Judge Phil Gilbert recused himself in the case of Katie Heath, but not before blasting federal prosecutors for their handling of a plea agreement.
Gilbert says even though Heath co-operated with a drug investigation, she was hit with a mandatory sentence of 20 years. That's after she's already served time in state prison.
In 2004 Katie Heath was sentenced for meth distribution charges in Saline county. She served one year in state prison while pregnant much of the time.
When released Katie began making changes.
"She came out. She got a job. She takes care of her kids. She's going to school" says her mother Diane Goedelmann.
Last year, Katie's past came back to haunt her. She was indicted by federal agents for conspiracy surrounding the 2004 meth charges.
Katie co-operated with prosecutors and signed a plea deal, but was not offered leniency on her sentencing.
"She obviously was trying to turn her life around and then this federal indictment hits her with a 20 year mandatory minimum" says Judge Phil Gilbert. "It just raised a lot of questions of fairness."
For months Gilbert has refused to impose the 20 year sentence.
"Unfortunately I made her the poster child for what is wrong with the sentencing policy and the federal sentencing structure."
Now the fight is over for Gilbert. This month an appellate court ruled prosecutors are acting within their discretion.
Gilbert withdrew himself from the case, but not before calling out federal prosecutors.
"These plea agreements are really not agreements at all. The defendants have to comply with them but the government doesn't."
Katie Heath's family says they are sorry to see Gilbert go, but they are thankful to him
"I admire Judge Gilbert for standing up and taking the stand that he did on her behalf" says Goedelmann.
Gilbert says he's just trying to do what he thought was fair.
"My father..... I've been thinking of him and what would he want me to do?"
Katie Heath's case will re-convene when another district judge is appointed. It's not clear when that will be.
Federal prosecutors declined to talk with News 3 about this story.
By: Jackie McPherson
jmcpherson@wsiltv.com
Now: 1265727578
