Resentencing of Jason Harden likely won’t take place until early next year after it was noted in court Thursday Harden desired to withdraw his previous plea.
During Thursday’s court hearing Harden’s attorney Steve Atherton noted to Judge Merlin Wheeler that if a motion to withdraw were approved, Harden would need to be appointed different counsel as Atherton then would become a witness. Following a brief continuance to Thursday afternoon, Judge Wheeler appointed attorney Paul Dean to represent Harden. Judge Wheeler told both the state and defense he’d like to see evidence supporting each’s respective positions on withdrawal.
Harden was sentenced to 25 years to life in prison after a 2016 conviction for sexual encounters with a then 13-year-old girl. Harden had entered an Alford plea — essentially a guilty plea by a defendant who claims to be innocent — to aggravated indecent liberties and solicitation following his trial, which ended in a hung jury last year.
The Kansas Court of Appeals sent the case back to district court because Harden had requested a departure from the Jessica’s Law 25-year minimum, saying his limited and unrelated criminal history should have had him as a candidate for sentencing under the Kansas Sentencing Guidelines Act instead. Judge Wheeler denied the motion at the time, but the Court of Appeals said the case against Harden was an off-grid crime, so lack of a significant criminal history is a mitigating factor for considering whether to use the KSGA instead of Jessica’s Law.
Noting the complicating nature of the case Thursday, Judge Wheeler is allowed a continuance to allow Mr. Dean until Dec. 31 ample time to get familiar with the case. By that time Dean should be able to determine if a motion to withdraw will, in fact, be the next step. A tentative Jan. 15 hearing would then take place where resentencing will again be considered.
