Frederick was sentenced to 24 to 50 years in prison when he admitted to stabbing King in 2004 after he refused to pay her for a bondage shoot.
He now claims the punishment is excessive and that the judge abused his discretion by imposing consecutive sentences.
In a written statement to the court, Nicholas disputed the claims, pointing out that Frederick crimes went beyond simple third-degree murder. Calling Frederick "cold and calculating," Nicholas reminded the court that the photographer lied to authorities for nearly a year and a half before pleading guilty of abusing King’s corpse and conspiring to cover up the murder by dumping her body in a ravine.
In July, Nicholas sentenced Frederick to the maximum 20- to 40-year prison term for the third-degree murder charge. He also sentenced Frederick to an additional one- to four-year sentence on possession of an instrument of crime, as well as one- to two-year sentences on charges of abuse of corpse, lying to police and conspiracy.
Stating that he intended to ensure that Fredericks will pay for all of the crimes he committed, Nicholas stipulated that Frederick serve all of the sentences consecutively, rather than allowing him to serve the separate sentences all at once.
Frederick argued that he should have been sentenced to no more than four months in prison for abuse of corpse.
But Nicholas said the tougher sentence he imposed was appropriate because Frederick’s treatment of the cadaver was particularly heinous.
"In order to conceal his crime, [Frederick,]in a cold and calculating fashion, wrapped his victim’s body in photographer’s backdrops -- a bondage device still hanging from her head -- placed the body in the trunk of his car, drove to an isolated location and dumped the body over an embankment, leaving it to rot," Nicholas wrote.
King’s body lay in the ravine for three weeks before it was discovered by a passerby, he noted. As a result, the corpse had decomposed too much to allow her family a decent burial, Nicholas said.
Frederick, at his sentencing hearing, maintained that King first attacked him with the knife after he told her he did not have the $900 to pay her for the photo shoot she completed.
Nicholas said he didn’t believe Frederick’s excuse and also questioned the sincerity of Frederick’s expression of remorse.
