Pedophile re-sentenced to 13 years to life in prison

SANDPOINT — An Oldtown man convicted of lewd conduct with a 6-year-old boy was re-sentenced Monday to 13 years to life in an Idaho prison.

The fixed term imposed by District Judge John Patrick Luster is only two years shorter than the original sentence handed down by Judge Steve Verby in 2003.

Moore appealed the judgment and conviction on grounds that Verby sentence of 15 years to life was excessive, but Idaho’s Court of Appeals rejected the claim. However, a district judge granted a request for post-conviction relief because Moore was not told by a defense attorney that he could invoke his constitutional right to remain silent when he was interviewed for a presentence investigation, a psychosexual evaluation and a polygraph examination.

Moore’s attorney at the time, former Chief Public Defender Hugh Nisbet admitted he did not advise Moore of his Fifth Amendment right against self-incrimination, court records indicate.

District Judge John T. Mitchell subsequently ordered Moore to be re-sentenced.

Moore, 49, was charged with repeatedly molesting the boy in 2003. He pleaded guilty to one count of lewd conduct with a minor through an agreement with the state. In exchange for the plea, the state agreed not to seek additional charges against him.

The victim’s mother opposed a reduced sentence on Monday and called Moore a monster.

Bonner County Prosecutor Phil Robinson recommended Luster impose a 15-to-life sentence, while Chief Public Defender Isabella Robertson sought a sentence of five to seven years.

Luster called Moore’s conduct “heinous” and said the impacts to the victim would likely surpass the duration of a custodial sentence.

“A substantial sentence needs to be imposed in this case,” Luster said.