CHATTANOOGA, Tenn. (WDEF)- A former elementary school teacher convicted on 15 child sex abuse charges in June, including aggravated child rape, was back in court Tuesday morning.
Hamilton County District Attorney Coty Wamp referred to the seven children who testified they were sexually abused by Duane Sanders inside of his Wallace A. Smith Elementary classroom, as the Heroic Seven.
Sanders was supposed to learn his sentence on Tuesday.
However, there is one issue holding up that decision according to Sanders’ public defender, Jay Perry.
Perry said, “(We have been discussing) whether or not Mr. Sanders would need a psychosexual evaluation before he is sentenced.”
Anyone convicted of a crime of a sexual nature must undergo a psychosexual evaluation per Tennessee code.
These evaluations, according to a policy from Tennessee’s Sex Offender Treatment Board are to evaluate an offender’s likelihood to reoffend and respond to treatments.
If given before a sentence is handed down, a judge could use it to impose probation or an alternative sentence.
The main dispute in this case is whether or not this should be administered before Sanders is given his sentence for his June conviction on the 15 child sex crimes.
Perry argued that his client should not receive this evaluation before the end of this case because he is not eligible for those other sentences.
He said, “It would be a waste of resources to have him submit to an evaluation before sentencing. At any point in the future he was considered for release he would have to submit for another one. It doesn’t make sense.”
However, Prosecutor Stephani Brown says given the gravity of this case, she believes one should be conducted pre-sentence.
Brown said, “This case will likely be appealed. The state’s position is that every step is necessary to be cautious. That every box being checked should occur in this case. We talked at length during various points of the trial about how unique of a case it was and that’s why I have no doubt it will be looked at in the future.”
She believes given the across the board guilty verdict given to Sanders in June only enhances the need for this evaluation.
Brown said, “I do believe, according to what the jury found, that it is appropriate to sentence him to life without the possibility of parole.”
Sanders will not be sentenced until sometime this fall after a ruling is made on this evaluation.
