New Judge Seated In Gingerich Retrial
Whitley County Circuit Court Judge James Heuer has been seated as a special judge to hear Paul H. Gingerich’s new waiver hearing.
The request for a new judge was filed by Gingerich’s attorney, Monica Foster of Indianapolis, who successfully argued the boy’s appeal before the Indiana Court of Appeals, which was affirmed by the Indiana Supreme Court. The appeals court had ruled unanimously that Kosciusko County Circuit Court Judge Huffer erred by not giving Gingerich’s attorneys more time to prepare arguments and that the case should have stayed in the juvenile courts.
Now 15, Gingerich was sentenced when he was 12 years old and believed to be the youngest Hoosier ever sentenced to prison as an adult. However, there is no guarantee that he will not be waived to adult court and face a longer sentence. Gingerich was originally sentenced to 25 years for conspiracy to commit murder.
According to information received on the case, Heuer handles both juvenile and adult cases. He will replace Judge Huffer, also a juvenile and adult case judge, who originally presided at the waiver hearing and ruled that Gingerich should be waived to adult court.
Foster said she made the request to Judge Huffer approximately a week ago for a new judge and he granted it. She noted this is not unusual or extraordinary saying, “It is done as a matter of course following a reversal in the appellate courts.”
A conference call with Judge Heuer is slated for Monday so any proceeding dates may be set at that time. To date, the hearing has not been set, but it will take place in Kosciusko County.