Deal is on hold in lewd conduct case

SANDPOINT - Sentencing for a Bonner County man accused of having sex with an underage girl is on hold after district judge expressed unease with the terms of a proposed plea agreement in the case.

"I'm having extreme difficulty of going along with the plea agreement," Judge Steve Verby said during Harold Lee Anderson's sentencing hearing on Monday.

The agreement proposes a suspended prison sentence, local jail with work-release privileges and sex offender counseling.

Anderson, 30, was originally charged with two counts of lewd conduct for sexual encounters with a 13-year-old girl during the winter of 2005. The charge was reduced to a single count of aggravated assault.

Anderson admitted to the illegal liaisons, but at the time believed he was doing nothing wrong because the teen consented to the sex, according to a Bonner County Sheriff detective's report.

Verby questioned Anderson on Monday why he was associating with the teen and her friends and relatives. Anderson told the judge he was providing them a place to stay and getting them to school when they had problems at home.

"They asked me to help when they were having problems with their mother," Anderson said.

Verby's discomfort with the terms of the plea agreement appeared to catch Anderson's defense counsel, Coeur d'Alene attorney Glen Walker, off guard. Walker said the agreement reflected the state's position that Anderson was not a sexual predator and the defense position that his client needs to understand that he should not be striking up friendships with teenagers.

Sentencing judges take into consideration a number of aspects when weighing punishment, such as protection of society, deterrence and rehabilitation. Retribution - making sure the punishment is commensurate with the crime in order to discourage vigilantism - is another aspect and one which Verby appeared to struggle with in the Anderson case.

Walker moved to postpone the proceedings so he could consult further with a polygrapher and a psychologist who examined Anderson. Deputy Prosecutor Louis Marshall did not object to the continuance.

Anderson's sentencing hearing is tentatively reset for Dec. 1.