JUDGE DENIES CONVICTED SEX OFFENDER’S ATTEMPT TO WITHDRAW GUILTY PLEA – Gives him 12 year sentence to serve
 

On September 16, 2021 Eric Girardin (57 YOM Steekee School Road, Loudon) decided to plead guilty during the middle of an ongoing jury trial to Aggravated Sexual Battery.

This was the day after the now 16 year old female victim (who was 8 to 12 years old and the time of the sexual attack) had completed her almost 2 hours of impactful testimony. The jury was held in abeyance while the plea paperwork was prepared and then Judge Jeff Wicks spent almost 45 minutes with the defendant going over his decision to forego the remainder of the trial and plead guilty pending a subsequent sentencing hearing. The plea was finalized and Judge Wicks set sentencing for January 10, 2021.

Almost three months later, before sentencing, Girardin had his attorney file a motion to withdraw that guilty plea and to require the State of Tennessee to give Girardin a second jury trial.

Today in the packed makeshift courtroom at Alma Place in downtown Loudon, Judge Wicks heard argument from Girardin’s attorney Brian Nichols and Assistant District Attorney Alyson Kennedy. Counselor Nichols basically alleged that Girardin was ‘disappointed’ with his decision to plead guilty and that he felt the decision was ‘rushed’ – even though it was his idea to enter the plea in the first place.

ADA Kennedy countered the argument with how long it took Girardin to ‘change his mind’ and that ‘disappointment’ without something more was no basis for overturning the guilty plea. Judge Wicks agreed and denied the motion to set aside the plea which would have required a new trial and the victim, who was present for this motion hearing, to testify yet again.

The sentencing hearing then took place and Judge Wicks, after hearing more argument from ADA Kennedy and testimony from the victim’s mother and father, sentenced Girardin to the maximum sentence of 12 years to serve in prison at 100%.

Girardin has already been in custody since his arrest and, under current Tennessee sentencing law, even though it is a 100% service sentence TDOC can still give Girardin up to 18 months off of his sentence for ‘good time’ while in custody either at the Loudon County Jail or in prison. Additionally, Girardin will be subject to the requirements of the Sex Offender Registry and Community Supervision for Life.

ADAs Alyson Kennedy and Jed Bassett handled this case for District Attorney General Russell Johnson’s office.