Convicted molester awaiting new sentence

SANDPOINT - A new sentencing hearing for an Bonner County man convicted of lewd conduct with a minor has been postponed.

Walter Everett Moore's re-hearing was set for Monday, but was put off because Chief Public Defender Isabella Robertson is undergoing surgery, which forced a delay in obtaining a new psychosexual evaluation and polygraph examination, court records show.

A new hearing date is pending.

Moore, 48, was charged with repeatedly molesting a 6-year-old boy in 2003. Investigators searched his home near Oldtown twice and discovered two dozen pairs of underwear, some of which had names written into the waistbands. The searches also uncovered pornographic videos and sex toys, court documents said.

Moore pleaded guilty to one count of lewd conduct as part of a verbal plea agreement. An element of the pact involved authorities agreeing not to pursue additional charges against Moore, according to court documents.

Moore was sentenced in September 2003 to life in prison with a chance at parole after serving 15 years. Moore has stated in court documents he was told he would receive a sentence of no more than eight years in prison.

Moore appealed the sentence to the Idaho Court of Appeals arguing it was excessive and that the court abused its discretion. The appeals court, however, affirmed the sentence imposed by District Judge Steve Verby.

Moore also sued the state of Idaho for post-conviction relief. Moore alleged his defense counsel, former Chief Public Defender Hugh Nisbet, failed to advise him of the punishment he faced in the case and that he had a constitutional right not to cooperate with a prior psychosexual evaluation and polygraph exam, neither of which were favorable to Moore.

Bolstering Moore's argument was a 2006 Idaho Supreme Court case in which a defendant successfully argued that he received ineffective counsel because his attorney failed to advise him of his Fifth Amendment right against self-incrimination during a psychosexual evaluation.

In an affidavit, Nisbet said he didn't discuss Moore's constitutional right with him because the law at the time required him to submit to the examination. Nisbet added in the affidavit that the supreme court case was decided three years after Moore was sentenced.

The state and defense in the civil suit agreed to stipulate that Moore was denied effective representation and the remedy should be a new sentencing hearing. The two sides also moved for a new evaluation and polygraph test, which District Judge John Patrick Luster approved.

Although it's unclear if Moore will cooperate in the evaluation and polygraph, they're scheduled to be conducted next month.