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

Evan Frisk calls for full-time staffing of the Central Emergency Services’ Kasilof station during a meeting of the CES Joint Operational Service Area Board on Thursday, Nov. 21, 2024, at Soldotna Prep School in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Kasilof residents ask for full staffing at fire station

Public testimony centered repeatedly on the possible wait times for an ambulance

The southbound lane of Homer Spit Road, which was damaged by the Nov. 16 storm surge, is temporarily repaired with gravel and reopened on Thursday, Nov. 21, 2024, in Homer, Alaska. (Delcenia Cosman/Homer News)
Homer’s Spit road reopened to 2 lanes

Repairs and reinforcement against erosion will continue through December

The under-construction Soldotna Field House stands in Soldotna, Alaska, on Thursday, Nov. 21, 2024. (Jake Dye/Peninsula Clarion)
‘We’re really moving along’

Officials give field house updates at Soldotna City Council meeting

Kenai Civil Air Patrol Cadet Elodi Frisk delivers Thanksgiving meals to seniors during the Hilcorp Areawide Senior Thanksgiving Luncheon in the Kenai Senior Center banquet hall in Kenai, Alaska, on Friday, Nov. 22, 2024. (Jake Dye/Peninsula Clarion)
Giving thanks together

Seniors gather for annual Hilcorp Areawide Senior Thanksgiving Luncheon

Shrubs grow outside of the Kenai Courthouse on Monday, July 3, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Anchor Point man indicted for 3 shootings at Homer family planning clinic, recovery center

The grand jury returned 12 counts total for the three shootings

The entrance to the Kenai Chamber of Commerce and Visitor Center is barricaded on Overland Avenue in Kenai, Alaska, on Thursday, Nov. 21, 2024. (Jake Dye/Peninsula Clarion)
Citing dangerous drivers, Kenai closes one entrance to visitor’s center

The barricade will be removed temporarily on Friday for Christmas Comes to Kenai festivities

A Kenai Peninsula Food Bank truck in the Food Bank parking lot on Aug. 4, 2022 in Soldotna, Alaska (Jake Dye/Peninsula Clarion)
Food bank seeks turkey donations as Thanksgiving nears

The local food bank is calling for donations of $25 to “Adopt-A-Turkey” for a local family in need

Seward City Hall is seen under cloudy skies in Seward, Alaska, on Thursday, Nov. 7, 2024. (Jake Dye/Peninsula Clarion)
Seward budget hearing covers bed tax, wages, emergency medical services

The Seward City Council on Nov. 12 considered a series of legislative items connected to 2025 and 2026 budget

The results of ranked choice tabulation show Sen. Jesse Bjorkman, R-Nikiski, winning reelection in the race for Senate District D. (Screenshot/Gavel Alaska)
Bjorkman, Vance win reelection after tabulation of ranked choice ballots

An effort to repeal ranked choice voting and the open primary system was very narrowly defeated

Most Read