Phillip Geans sentencing delayed because his parents couldn't testify

The sentencing for Phillip Geans, who was convicted of murder in September, was delayed after he refused to show up in court on Wednesday, Oct. 28.

Geans was found guilty of murder for the death of Theresa Burns, a Mishawaka High School student who was found shot to death in her home in 1988.

He refused to go to court on Wednesday because his parents who were subpoenaed to testify, are both in the hospital and were unable to come to court, according to our news partners ABC 57.

“It’s the court’s right to sentence when it’s appropriate. Here it was not. Not because of him not being here, but because of his mother and father,” St. Joseph County Prosecutor Ken Cotter told ABC 57.

Cotter said that the witnesses had a right to be there and to testify, but were unable to because of a medical condition.

Geans’ mother recently had three different brain surgeries, WNDU reported

A hearing is set for Wednesday, Nov. 4, to possibly schedule another sentencing hearing.

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