MINOT – The defendant asked that his attorney be ordered out of the courtroom. Judge Richard Hagar disagreed, eventually telling Joshua Smith, 33, Williston, that “You’re a sick man.”
Smith had a sentencing hearing Wednesday morning after earlier being found guilty of nine felonies, the most serious a AA felony charge of Gross Sexual Imposition-Sexual Act-Force.
The defendant sparred with the court, saying he was firing his attorney, Rina Eileen Hope Morales, because she “did not help me in any way.” Smith also asked for a retrial. Hagar explained that it was a sentencing hearing and that any request for retrial would have to be filed at a later date.
As to the request to have his attorney removed from the courtroom, Hagar replied, “Over your objections Mrs. Morales will represent you. We are going forward with sentencing.”
Smith responded, “We are here before God and I’m asking for a retrial.”
“I am ordering her to stay and represent you,” explained Hagar.
To that Smith replied, “I don’t accept that your honor.”
The hearing continued with the State recommending a 45-year sentence on the most serious charge. Hagar agreed, denying a request from Smith to be sentenced under Biblical law.
“To me, spending my days locked up in prison is a waste of my life,” Smith told the court. “I am offering to do 20 years in the military.”
While passing sentence Hagar told Smith, “Words like heinous and brutal doesn’t do this justice. You’re a sick man. I believe you are a danger. Based on what you said in this courtroom today, you are not right in the head.”
A statement of facts supplied to the court revealed that Smith had used duct tape, zip ties, and other items to restrain the victim while engaging in sexual acts, at times when the victim was unconscious due to “choking her out.” The offense occurred at Smith's residence north of Bowbells.
Smith was sentenced to 45 years imprisonment with 10 years suspended and must serve 85% of the 35 years. Sentences on the remaining eight felonies, all lesser length, will run concurrently.
