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Judge criticized over sentence

The attorney for a Warren County man sentenced for numerous offenses, including operating a methamphetamine lab, said the sentence “eviscerates the plea bargain process.”

During argument on Friday, Jeffrey S. Weinberg of Allegheny County, asked Judge Gregory Hammond to reconsider sentencing in the case of Daniel W. Heidler, 36, of Columbus.

“Daniel W. Heidler has one person protecting him — me,” Weinberg said. “No one else cares about him.”

“I am the individual who has to give legal advice,” he added.

“The client asks me, ‘Should I go to trial or should I accept the recommendation of the commonwealth?'”

Weinberg said he “conducted extensive plea negotiations with Warren County District Attorney Rob Greene.

He said Greene indicated that the Commonwealth would be comfortable with a sentence of 10 years.

“This court, at both (docket) numbers, almost doubled the recommendation of the district attorney,” Weinberg said. “Ten to 18 years is just punitive, Your Honor. I think that’s an abuse of discretion. The court’s actions almost eviscerate the plea bargain process. If our risks are so great, let’s try every case.”

“Sometimes I agree with Mr. Greene, sometimes I don’t,” Hammond said. “Mr. Heidler appeared in plea court. I told him I’m not bound by any position of the commonwealth. He agreed to that.”

Hammond pointed out that the sentence fell within the “middle-of-the-road, standard range” in the sentencing guidelines, contrary to information in the motion filed by Weinberg that said it was in the aggravated range.

He told Weinberg that “clients are usually advised” that their sentencing could be within the standard range.

“He’s convicted of operating a meth lab while on state parole for operating a meth lab,” Hammond said. “I think Mr. Heidler will open up his third meth lab the first chance he gets.”

Hammond said he hoped the sentence would help get a message through to Heidler. He denied the motion for reconsideration of sentence.

Heidler is incarcerated at State Correctional Institution in Smithfield.

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