Gammick: appeal in Onsure case impossible, takes O'Reilly to task

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Updated: 3/28/2014 6:34 pm
RENO, Nev. ( & KRNV) -- News 4 has new information on the controversial re-sentencing of Isaac Onsurez, who was convicted of lewdness with a child under the age of 14 last week.

Today, Washoe County District Attorney Dick Gammick told News 4 there are no grounds for an appeal following Judge Adams' rescinding of Onsurez's original sentence last week. Initially, Onsurez was sentenced to a 10-year minimum stay in prison, but his new sentence is one year in jail followed by five years of probation. Judge Adams offered no explanation for the change of sentence aside from citing a clerical error.

"One of the things a judge can do if a clerical error is made, is he can change it. [Adams] sentenced withing the bounds of the law. You may not agree with what he did, but he sentenced withing the bounds of the law, so -- legally -- he was justified," said Gammick.

Gammick expressed frustration over the re-sentencing, but said his team of appellate attorneys reviewed the sentencing and there's nothing more that can be done legally to appeal the decision.

Gammick also said he is aware of the national attention this case has drawn and takes Fox News commentator Bill O'Reilly to task. O'Reilly is calling for Adams' impeachment and make him "an example" for the rest of the country. However, there's only one group with the power to impeach -- and that's the Nevada State Legislature.

"I've heard a lot of comments and a lot of statements made by people who don't know the facts and don't know what they're talking about," said Gammick. "[O'Reilly] made some comments that we should do something about this, and my question back to him is, 'What does he suggest we do?' We know what the law is, we've been doing it for a long time."

The only person who may be able explain the lighter sentence is Judge Adams -- and News 4 reached out to him again today, but to no avail.

For previous developments of this story, click here.
4 Comment(s)
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Kramer - 3/29/2014 3:49 PM
1 Vote
here's the Gimmick: drink Ensure, Bcause it all Depends

Kramer - 3/29/2014 3:45 PM
0 Votes
let's ask Judge Whitehead, then head over to the Nit-picking Factor and lynch ol' Reilly.

oldguyincc - 3/29/2014 11:27 AM
0 Votes
I think you just lost your bottom dollar. The judge signed (electronically) the original sentence order. The processing of the sentence then went to the court staff for filing and processing. The DA's office had nothing to do with the sentence after the judge rendered it. A heavy sentence can be altered in favor of a lighter one, but a light sentence can NOT be replaced by a harsher one without new evidence. The responsibility for a bad decision rests with the judge and his staff.

freedomrings - 3/29/2014 6:19 AM
1 Vote
There's really only one question that needs to be asked, who made the clerical error ? I'll bet my bottom dollar it was the prosecution, you know, D.A. Gammicks group.

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