Ex-military couple faces 4th sentencing in child abuse case

NEWARK, N.J. (AP) — A former U.S. Army major and his wife accused of routinely beating their young foster children and denying them food and water as punishment will be sentenced for a fourth time. But, the sentencing will be handled by a different judge, a federal appeals court has ruled.

Federal prosecutors have argued that the sentences U.S. District Judge Katharine Hayden gave to John and Carolyn Jackson were too lenient. In a ruling issued Monday, the 3rd U.S. Circuit Court of Appeals found that Hayden failed to follow its directions to consider the children’s multiple injuries “holistically and in the context of the jury’s findings of guilt” in determining causation.

Noting the repeated sentencings, the panel also concluded that Hayden — who presided over the Jackson’s 2015 trial — would have “substantial difficulty in putting out of her mind her previously expressed views of the evidence,” so they ordered that the matter be reassigned to another jurist. However, it's not yet known when that will happen or when the new sentencing will be held.

The last sentencing in the case occurred in October 2021. Carolyn Jackson, who had already served a 40-month prison term in two stretches, was sentenced to time served and given an additional year of supervised release. John Jackson, who had finished a probationary term, was sentenced to 18 months’ home confinement.

At the time, Hayden concluded that imposing more prison time “is more punishment than is necessary." Prosecutors, who had recommended a sentencing range of between nine and 11 years, called the sentences insufficient and accused Hayden of not following guidelines set by the appeals court.

In 2015, the U.S. attorney’s office had sought prison sentences of 15 years or more after the couple was convicted on...