Lewd Conduct Hearing Cont'd

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POCATELLO -- A Fort Hall man sentenced in March for injury to a child had his hearing continued until next week to allow him to present additional evidence on his behalf to convince the sentencing judge of his suitability for probation.

Robert Alan Sherman, 22, was originally charged in Aug. 2007 with lewd conduct with a child under 16 for fondling a 15-year-old girl. Prosecutors amended the charge to injury to a child pursuant to a plea agreement.

At his March sentencing, Sixth District Judge Peter D. McDermott handed down a three-year fixed, four-year indeterminate sentence. McDermott retained jurisdiction,

allowing Sherman to participate in a six-month rider program addresses underlying problems of criminal behavior in a nonprison setting.

Tuesday's hearing was a review of Sherman's performance in the program, and the information provided to McDermott did not paint a glowing testimonial. McDermott noted that the report recommended Sherman not be placed on probation, but instead be turned over to the Department of Correction to begin serving a prison sentence.

McDermott said that report indicated Sherman had failed to follow the rules of his rider program, including hitting another program attendee with a coffee mug and slapping another. He also recounted other failures to follow the program's rules, such as divulging the crimes of other attendees, a strictly prohibited act.

Sherman's attorney, Keith Zollinger, told McDermott that much of the report's information was incomplete, and that documents that indicated Sherman's positive progress had not been presented to the court. He stated that Sherman had completed some course work the report indicated he hadn't. He also noted that Sherman's involvement in one of the altercations was self defense.

Zollinger admitted that Sherman has issues with impulse control, but noted that he had no history of violence prior to sentencing.

"Robert is a little slow," Zollinger said. "His maturity level doesn't rise to his chronological age. He needs to grow up -- hopefully, not in the penitentiary."

Bannock County Deputy Prosecutor Lance Stevenson requested McDermott to deny Sherman probation and send him to prison.

"He's clearly shown he can't follow the rules," Stevenson said.

McDermott noted that a psycho/sexual evaluation submitted prior to sentencing indicated Sherman was of low to moderate risk of reoffending, a diagnosis reiterated by evaluators during Sherman's rider stint.

McDermott still appeared dubious of Sherman's ability to be a successful candidate for probation.

"If he won't follow the rules up there, he won't do it on probation," McDermott told Zollinger.

McDermott decided to continue the hearing and allow Zollinger an additional week to locate supporting documents he said indicated Sherman's positive progress and compliance while in the rider program.

McDermott sounded a caution that without further positive information, probation was unlikely.

"It looks like the sun is setting on your client," McDermott said.

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