MONROE — Greg P. Gogin is seeking a resentencing “to correct an unduly harsh and excessive sentence” and will be testifying in court on the matter next week.
The 59-year-old is convicted of repeatedly sexually assaulting two young girls over the course of more than a decade while living in Monroe.
He was sentenced in Green County Circuit Court in August 2016 to 40 years in prison, plus an additional 13 years in October 2016 for a similar conviction in Waukesha County involving one of the victims.
Wisconsin Department of Corrections records show a mandatory release date for Gogin of 2068.
His lawyers, Jeremiah Meyer-O’Day and Cole Daniel Ruby, filed a motion in January arguing that Gogin is entitled to resentencing because, among other reasons, “the court relied upon inaccurate information in crafting its original sentence.”
A hearing on the motion is scheduled for 9 a.m. Thursday, June 27, before Lafayette County Judge Duane Jorgenson. It will be held in Darlington at the Lafayette County Courthouse to accommodate the judge.
Gogin will be transported from prison to testify in person at the hearing, after his lawyers successfully argued earlier this month that his in-person testimony is key to their presentation of the motion.
Green County District Attorney Craig Nolen disputed this.
“I don’t think that his testimony here is warranted or necessary,” he said at a hearing June 13 before Jorgenson. He accused the defense attorneys of “cherrypicking” judicial statements from Gogin’s sentencing and unnecessarily requiring a “rehashing” of the entire basis for the case.
Jorgenson allowed for Gogin to give his testimony in person, citing state statutes.
The defense attorneys said they expected the hearing to last about an hour.
Nolen asked for a half day, explaining that he expected to “thoroughly cross-examine” Gogin.
At the June 13 hearing, Gogin appeared by phone but remained silent. Background noise from the prison could be heard on the call through the courtroom speakers.
Gogin’s attorneys argue he deserves a new sentence because the original sentence, handed down by Rock County Circuit Judge James Daley, relied on “false information ... regarding the number of assaults and length of time over which such assaults took place” with respect to one victim.
They also argue that a new sentence is needed “to correct an unduly harsh and excessive sentence” that overly emphasized the severity of the offense and protection of the victims “while not giving due consideration to several mitigating factors.”
Daley’s sentence was also “irrational,” they wrote in their motion, because “it called for continued treatment but at the same time guaranteed that Gogin would not live to see such treatment because he would not live to see the date of his release.”