Friday, January 31, 2025
32.0°F

Sandpoint lewd conduct suspect sentenced

KEITH KINNAIRD | Hagadone News Network | UPDATED 6 years, 8 months AGO
by KEITH KINNAIRD
News Editor | May 10, 2018 1:00 AM

SANDPOINT — A German national accused of lewd and lascivious conduct was ordered to serve up to 20 years in prison.

However, 1st District Judge Barbara Buchanan retained jurisdiction over Andreas Ludolf Breymann, which means he will serve up to a year in prison before being considered for release onto probation.

Breymann, 60, engaged in lewd conduct with a boy in Bonner County in 2009, when the alleged victim was 13-14 years old, according to a criminal complaint. However, the allegations against Breymann did not surface until last year.

Breymann, who identifies as female, pleaded not guilty to three counts of lewd conduct, but subsequently entered into a plea agreement which recommended an eight- to 20-year term with retained jurisdiction, also known as a rider. Breymann entered an Alford plea to one of the counts.

Under such a plea, a defendant admits no wrongdoing, but concedes they could be convicted if the case went to trial.

Breymann’s defense counsel, Serra Woods, said Breymann entered into the plea agreement to avoid risking guilty convictions at trial.

Andreas Breyman’s wife, Dagmar, called the allegations a malicious fabrication and said the alleged victim should not be trusted.

Bonner County Prosecutor Louis Marshall disputed those characterizations.

“We’re pretty good at telling who is telling us the truth and who’s lying,” said Marshall, who said he believed the alleged victim’s disclosures to be truthful. “It pains me to hear a victim to be trashed in this way.”

Moreover, the alleged victim recorded a phone conversation in which he confronted Andreas Breymann about the sexual misconduct. Marshall called the confrontation call recording “damning.”

The alleged victim in the case, now an adult, told the court he had he had no motive for concocting the allegations.

“I am not going to let it ruin my life,” he added.

Andreas Breymann continued to deny wrongdoing during the sentencing hearing and would have escaped a conviction with the assistance of private-sector legal counsel. Breymann had also prevailed at mock trial conducted by the public defender’s office.

Judge Barbara Buchanan pointed out that polygraphs are unreliable enough as to render the exams inadmissible in court. She also found that Breymann was simply unable to accept moral responsibility for the abuse.

“You’re also brushing over the audio tape,” Buchanan said of the incriminating audio recording.

However, Buchanan ultimately agreed to adopt the state’s sentencing recommendation of an eight- to 20-year term. Breymann’s risk of committing another sex crime was very low due to his age, according to the Idaho Department of Correction.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

MORE IMPORTED STORIES

Prison ordered in sex abuse case
Bonner County Daily Bee | Updated 11 years, 8 months ago
Judge declines leniency in lewd conduct case
Bonner County Daily Bee | Updated 11 years, 6 months ago
Man pleads guilty to lewd conduct
Bonner County Daily Bee | Updated 7 years, 1 month ago

ARTICLES BY KEITH KINNAIRD

March 7, 2010 11 p.m.

Revett seeks clarity on Rock Creek mine status

A status conference is pending in federal court to determine if developers of the proposed Rock Creek mine can initiate development of the project.

December 31, 2008 11 p.m.

Former pastor imprisoned for touching young girl

SANDPOINT, Idaho — A district judge declined to go along with a plea agreement which proposed a limited jail sentence for a former pastor who pleaded guilty to fondling a Priest Lake girl several years ago.

Judge orders life sentence in Bristow murder
April 21, 2021 1 a.m.

Judge orders life sentence in Bristow murder

Acosta ordered to serve life in prison for Bristow killing