LANSING, Mich. (WLNS) On Tuesday, Larry Nassar’s defense team went before three judges at the Michigan Court of appeals asking for a re-sentencing.

The defense is alleging Ingham County Judge Rosemarie Aquilina was biased when giving Nassar a sentence of 40-175 years in prison. Claiming her comments to Nassar survivors during the sentencing and post of social media went too far.

‘He will wither away… He’s gone.” said 3rd district Michigan Appeals Judge, Douglas Shapiro as he read some of Aquilina’s statements in court. “I would allow someone or many people to do to him what he did to them.

Both the prosecutors and the defense team agree Aquilina should not have made those comments.

“There is retribution but we don’t sentence based off vengeance,” says Shapiro.

But prosecutors say, even if it wasn’t “best practice” her sentencing was still fair. An Eaton County Judge also sentenced Nassar to 40 years, and he is serving 60 years for his federal conviction.

Nassar’s defense Attorney, Jacqueline McCann also says Aquilina should have never been able to throw out their appeals motion in 2018. Because in between trials she showed clear bias on her social media, by sharing posts and commenting laughing emoji’s on people saying they did not care if her actions in the courtroom were legal or not.

It could take a few weeks for the Michigan Court of Appeals to make their decision. If Nassar loses, his lawyers could appeal to the Michigan Supreme Court.