Man sentenced in fondling case

SANDPOINT - A Hope man was sentenced Monday to two months in jail for fondling a 9-year-old girl in the summer of 2007.

Robert D. Anderson pleaded guilty to a reduced charge of aggravated assault as part of a plea agreement with the prosecution.

Anderson expressed shame for his actions and grief for the trouble he caused the victim and her family.

"I've always accepted that I was guilty of these charges," Anderson told District Judge Steve Verby during his sentencing.

Anderson, 59, was originally charged with engaging in lewd conduct with a minor, an offense which carries a potential lifelong prison sentence.

Anderson's defense counsel, Sandpoint attorney Michael Waldrup, took issue with a pre-sentence investigation, which indicated the defendant had been less than truthful during the interview and that he admitted no wrongdoing. Waldrup emphasized that Anderson passed a polygraph examination, did not take a defensive posture during his prosecution and showed remorse for his conduct.

The plea deal in the case proposed a suspended prison sentence of two to four years and 60 days in jail with work-release privileges. Waldrup said Anderson would not receive counseling in prison due to the nature of the amended charge.

"Prison hanging over his head is certainly going to be a deterrent in my client's case," Waldrup told the court.

Verby opted to adopt the terms of the stipulated plea agreement. He found that Anderson was not in need of treatment supplied by the Idaho Department of Correction.

The court declined to grant a withheld judgment, which would have meant the charge against Anderson could have be removed from his criminal record upon successful completion of probation. Verby ordered fines and costs of $1,000 and placed Anderson on probation for five years. Anderson must also complete an approved sexual offender counseling program.

Verby pointed out that the incident was "extremely isolated."

"That's not to say that I don't feel this is a significant event; it is a significant event," he said.