Prisoner faces final review
Tom Hasslinger | Hagadone News Network | UPDATED 12 years, 12 months AGO
COEUR d'ALENE - A 20-year-old man facing up to 25 years in prison will face his final jurisdictional review Nov. 30 to determine whether he is qualified for supervised probation or will serve the remainder of his sentence.
Randall S. Rothwell was convicted of lewd act with a child under 16 in August 2010, and sentenced in December. First District Judge John Mitchell twice placed Rothwell's sentence under jurisdictional review - meaning Rothwell could prove under the Department of Correction's care in Cottonwood that he is rehabilitated for probation.
At both reviews, Mitchell concluded Rothwell hadn't shown that.
On Thursday, Mitchell continued the final review hearing until 11 a.m. Nov. 30.
"I don't think you're a good candidate for probation," Mitchell told Rothwell. "You've shown absolutely no remorse for your victim. Zero."
Rothwell's victim, now 8 years old, lived next door to Rothwell near Huetter at the time of the assault. Both the victim and her mother, Mary Noonan, and Rothwell's family still live next to each other.
Rothwell "is someone who's a bully, who considers himself above the law," Deputy Prosecutor Shawn Glen told Mitchell, pointing to Rothwell's report while under DOC care. Rothwell didn't complete anger management classes there, had behavioral issues, and threatened to kill a warden while talking on the phone to his mother.
He was also on probation when he committed the offense and lied during the trial, Glen said, asking the judge to impose the sentence.
Three years of the 25-year sentence were fixed, meaning Rothwell wouldn't be eligible for parole during the first three years.
"Contrast that to the victim," Glen said. "This little girl, this third-grader, was a prisoner in her own home for 18 months."
Rothwell lured the girl into his bedroom and made her perform oral sex. Court records show that Rothwell intimidated the family afterward. The case was featured in an Aug. 29, 2010, Press story. The girl was the first child in North Idaho to be supported by the then-new B.A.C.A. group - Bikers Against Child Abuse. The girl and several B.A.C.A. members were in the courtroom Thursday.
"Nervous, anxious," Noonan described her emotions after the hearing was continued. "I want him to go to prison."
Rothwell told Mitchell he planned to live with his grandparents in Princeton, near Potlatch, while getting treatment in Clarkston and looking for work and educational opportunities.
"I want to take the opportunity to take ownership for my actions," Rothwell told the court, apologizing to the victim and her family for the pain caused. "I know they were wrong."
But Mitchell wasn't impressed with Rothwell's behavior in Cottonwood, calling the Nov. 30 hearing "one last shot" for Rothwell. He also wanted more conditions attached to Rothwell's living plan, should he get probation "by some miracle," such as reserved clean and sober living conditions closer to where he would get treatment.
The judge also sought an official determination if Rothwell is a pedophile. Without that distinction, reports state he is a high risk to re-offend, Mitchell said.
No matter what, Mitchell said, Rothwell would not be living in the 1st District boundary.
Family of Rothwell declined to comment after the hearing. As they walked away, one male member said, "We're sorry for (the victim)."