Court denies accused molester's early release

SANDPOINT - A Sandpoint man accused of molesting a young girl is being denied a second chance at an early release onto probation.

David John Collodi was sentenced last year to serve up to 10 years in prison after pleading guilty to a reduced charge of felony child endangerment. But District Judge Lansing Haynes retained jurisdiction, which made Collodi eligible for probation after serving six months at the state prison in Cottonwood.

Under retained jurisdiction, also known as a “rider,” a defendant undergoes a psychiatric diagnosis and participates in rehabilitation programs. At the end of the rider, a judge decides whether to suspend the prison sentence or relinquish jurisdiction and impose the sentence.

Collodi's rider hearing was conducted in July 2007 and the Idaho Department of Correction recommended jurisdiction be relinquished. Court documents indicate Collodi didn't complete assignments in a sex offender group and didn't arrange for treatment.

Haynes adopted the IDOC recommendation and ordered Collodi to serve the rest of the prison sentence, records show. Collodi's public defender, Linda Payne, later filed a motion seeking post-conviction relief in the form of a second chance at a rider.

In a four-page letter to the court, Collodi admitted not fully engaging in the rider process because he did not believe he needed treatment. Collodi said he has since retreated from that viewpoint.

“I know I screwed up and did a very immoral thing,” Collodi said in the letter.

District Judge John Luster, however, declined the defense motion for leniency on Feb. 25, citing a lack of justification for granting it, court documents said.

Collodi, 41, was sentenced a year ago to serve no fewer than two years and no more than 10 after pleading guilty to the felony charge. He was accused of molesting the girl in 2003 and 2004, when she was between the ages of 5 and 6.

Collodi was originally charged with lewd conduct, but the charge was reduced via plea negotiations. The victim's mother has denounced the plea agreement.