INDIANAPOLIS (WANE) — Indiana Attorney General Curtis Hill filed a motion Thursday in Elkhart Circuit Court challenging certain aspects of the sentence a judge handed down last month regarding the case of Amber Pasztor.
The Fort Wayne woman pleaded guilty to killing her two children, Lilliana Hernandez and Rene Pasztor, in Elkhart after taking them from their custodial grandparents’ home prompting an Amber Alert in September 2016.
In the motion, Hill, who is representing the Indiana Department of Correction (IDOC) and the Division of Mental Health and Addiction, argues that Judge Michael Christofeno did not have the authority to order Pasztor to receive mental health treatment prior to being incarcerated to serve out a 130-year sentence.
Instead, it’s within the jurisdiction of the IDOC to determine whether Pasztor should receive mental health treatment prior to being sent to prison and if so, the Division of Mental Health and Addiction would need to approve such a determination.
The motion maintains that the “facilities, funds, and discretionary functions” of the IDOC and the Division of Mental Health and Addiction will automatically become involved if the sentencing is carried out as ordered.
Pasztor is also facing a murder charge in Allen County for the shooting death of her 66-year-old neighbor Frank Macomber.