Court tosses out 75-year sentence
Man accused of sexual battery, molestation will be retried
Michael Bates was charged with two counts of sexual battery and the molestation of a juvenile on April 29, 2010 and entered a not guilty plea in St. Charles Parish to both charges. On Jan. 13, 2011, a 12-person jury found Bates guilty and he was sentenced to concurrent sentences of 75 years of hard labor without benefit of parole, probation or suspension of sentence.
However, due to a technicality Bates’ sentence was reversed and his case was sent back to district court. According to the state’s Fifth Circuit Court of Appeal, Bates’ prosecution was instituted by a bill of information. However, the court ruled that those answering for a crime punishable by life imprisonment must be indicted by a grand jury.
Bates was never indicted.
"At the time of the offenses, the crimes of molestation of a juvenile and sexual battery were punishable by life imprisonment, where the juvenile was proven to be under the age of thirteen. In the instant case, the victim was nine years old at the time of these offenses. Therefore, prosecution for either or both offenses with which the defendant is charged can be instituted only by grand jury indictment," the court ruled. "We are mindful of the inconvenience to the parties as well as the renewed trauma to the victim; however, because the State has failed to properly institute prosecution, we are compelled to set aside defendant’s convictions and sentences and remand the matter to the district court."
After the court of appeal’s ruling on March 27, Bates was quickly indicted by a St. Charles Parish grand jury on April 25 and was arrested on May 21. The alleged crimes took place between Jan. 1, 2007 and June 22, 2007 when Bates acted inappropriately with a 9-year-old girl on two separate occasions.
He is being held at the Nelson Coleman Correctional Center under a $500,000 bond.
Motions in Bate’s case are scheduled for July 9.
Subscribe Today and Save!!!
St. Charles Herald-Guide is an award-winning newspaper that covers all aspects of St. Charles Parish - from schools and parish government news to social events, features on our local residents and sports.
Order your subscription today!
The release of toxic, potentially hazardous gases into the atmosphere through local...
A 31-year-old Hahnville graduate has gone missing in Hammond and police are asking...
A Luling father who has been convicted of molesting his daughter twice in the last...
Revelers are preparing once again to line the streets of Luling and Des Allemands...
Kurt Dempster is a Mardi Gras enthusiast with 20 years experience riding in...
The National School Board Association has announced St. Charles Parish Public...
Mizu Japanese Steakhouse and Sushi Bar offers a wide variety of Japanese and Chinese dishes along with sushi, sashimi and hibachi. Lunch or Dinner, Dine in or Take Out.
Police: 4 injured in hammer, knife attack - 1704 views
A Kenner woman and her mother are accused of using a hammer and knife to attack and injure four St. Rose women inside their home. One of the victims says she was knocked unconscious by the hammer while another was stabbed three times, according to the St. Charles Parish Sheriff’s Office.