An April 2018 file photo of Sen. Peter Micciche, R-Soldotna. (Daniel McDonald | Alaska Senate Majority)

An April 2018 file photo of Sen. Peter Micciche, R-Soldotna. (Daniel McDonald | Alaska Senate Majority)

‘I was not the problem. The law was the problem’: Former Anchorage judge urges passing of crime bill

Former Anchorage judge says law was the problem in Schneider case, not himself

The former Anchorage judge who presided over a sexual assault case that ignited outrage in the state provided testimony at the Capitol on Monday to urge passing of a crime bill.

Former Anchorage Superior Court Judge Michael Cory, who lost his seat on the court in a November ballot, appeared by phone at the Senate Finance committee meeting Monday to talk to lawmakers about Senate Bill 12, which aims to close the “Schneider Loophole.”

“I followed the law as it was. Quite frankly I was crucified for it,” Cory said of his role in Schneider’s criminal case. “I support SB 12. … I was not the problem. The law was the problem.”

Justin Schneider, 34, kidnapped a woman from an Anchorage gas station in 2017, strangled her until she passed out, and ejaculated on her. He was later caught by authorities and pleaded guilty to a single felony charge, but was not sentenced to serve additional jail time. His crime fell outside the criminal code’s definition of sexual assault and he walked out of courtroom without any jail time to serve. The case ignited outrage throughout the state, and voters decided not retain Cory as a judge.

“This bill gives prosecutors the tools from keeping that from happening again,” Sen. Peter Micciche, R-Soldotna, said Monday of SB 12, which he wrote.

An April 2018 file photo of Sen. Peter Micciche, R-Soldotna. (Daniel McDonald | Alaska Senate Majority)

An April 2018 file photo of Sen. Peter Micciche, R-Soldotna. (Daniel McDonald | Alaska Senate Majority)

Sen. Donny Olson, D-Golovin, took issue with a provision in SB 12 that requires the prosecuting attorney in a sexual assault case to make “reasonable effort” to confer with the victim concerning a plea deal. He said it lacked “teeth” because, nothing in this subsection requires the prosecuting attorney to be bound by the victim’s response.

“It just seems like another soft-handed Pillsbury Doughboy type of feel-good legislation,” Olson said.

Micciche said the language in SB 12 was written to add “balance” and respect the victim’s right be as involved in the case as much they want or don’t want to be.

No longer a judge, Cory was able to comment on the matter on Monday. He suggested the senators explore a provision that gives victims of sexual assault the right to veto a plea deal. He said this might meet a constitutional challenge, but it would be worth looking into.

Cory urged them to pass the bill.

“I certainly support all of the measures that are included in there,”he said.

SB 12 would add the following provisions to close the Schneider Loophole:

• Pre-trial time served on an ankle bracelet would not take time off a post-conviction sentence.

• If strangulation is part of the sex crime, that person can be charged with sexual assault in the first degree.

• Requires the prosecuting attorney to make “a reasonable effort” to confer with the victim or their legal guardian and see if the victim is in agreement about any plea deals being proposed.

• “Knowingly causing the victim to come into contact with semen” would be considered sexual contact.


• Contact reporter Kevin Baird at 523-2258 or kbaird@juneauempire.com. Follow him on Twitter at @alaskakev.


More in News

The Kenai Peninsula College main entrance on Aug. 18, 2022, in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Chiappone and Dunstan to speak at the KPC Showcase

Kenai Peninsula College continues its showcase with two new speakers this week and next

U.S. Rep. Mary Peltola, D-Alaska, talks about issues of concern regarding the proposed merger of supermarket chains Kroger and Albertsons during a floor speech in the House chamber on Wednesday. (Screenshot from official U.S. House of Representatives video feed)
Begich leads in early results, but Alaska’s U.S. House race won’t be immediately decided

About 245,000 ballots had been counted by 11:32 p.m., and Peltola trailed by about 5 percentage points

The Alaska governor’s mansion on Wednesday. Gov. Mike Dunleavy is considered a contender for a post in Donald Trump’s second presidential administration. (Mark Sabbatini / Juneau Empire)
Election summary: Trump wins, GOP takes over U.S. Senate, Alaska may get new governor

Begich and repeal of ranked choice voting narrowly lead; GOP may lose control of state House.

Nesbett Courthouse in downtown Anchorage on Oct. 7, 2024. (Yereth Rosen/Alaska Beacon)
Voters line up at the polling site at Anchorage City Hall on Nov. 4, 2024. City Hall was one of the designated early voting sites in Alaska’s largest city. It is not a designated site for Election Day voting. (Yereth Rosen/Alaska Beacon)
Alaska Republicans lose two seats in state House, increasing odds of leadership switch

Rural Alaska precincts had reported few results by 11:30 p.m. Tuesday night.

Donald Trump won or was leading as of Wednesday morning in all seven swing states in the 2024 presidential election. (Doug Mills / The New York Times)
Donald Trump returns to power, ushering in new era of uncertainty

He played on fears of immigrants and economic worries to defeat Vice President Kamala Harris.

A voter is handed as ballot at Woodworth School in Dearborn, Mich., on Tuesday, Nov. 5, 2024. One of the most consequential presidential elections in the nation’s modern history is well underway, as voters flocked to churches, schools and community centers to shape the future of American democracy. (Nick Hagen/The New York Times)
Trump verges on victory, picking up Pennsylvania

Donald Trump has captured Pennsylvania, the biggest prize of the seven battleground… Continue reading

Signs and supporters line the Kenai Spur Highway in Kenai, Alaska, on Tuesday, Nov. 5, 2024. (Jake Dye/Peninsula Clarion)
Update: Unofficial results for the 2024 general election

Preliminary, unofficial election results as of 9:55 p.m.

Poll worker Carol Louthan helps voters submit ballots at the Soldotna Regional Sports Complex in Soldotna, Alaska, on Tuesday, Nov. 5, 2024. (Jake Dye/Peninsula Clarion)
Update: Bjorkman, Ruffridge, Elam and Vance lead in election night results

Several residents said that they came out to vote because they knew this election was “a big one.”

Most Read