Jail sentence is ordered in lewd conduct case
KEITH KINNAIRD | Hagadone News Network | UPDATED 5 years, 2 months AGO
SANDPOINT — A Clagstone man accused of engaging in lewd conduct with two Bonner County girls over a four-year period was given concurrent suspended prison sentences on Tuesday.
First District Judge Barbra Buchanan ordered Richard Oren Fowler, 76, to serve six months of incarceration at the Bonner County Jail due to his age and a litany of health problems.
A Bonner County grand jury indicted Fowler last year on lewd conduct charges. He is accused of sexually abusing both girls from 2008 to 2012. One of the alleged victims was between the ages of 4-8 and the was between the ages of 6-10, the indictment alleges.
Fowler agreed to enter into civil mediation to resolve the criminal matter earlier this year, court records show.
Fowler entered Alford pleas to the charges, meaning he accepted no moral responsibility for the misconduct but conceded he could be convicted if his case was tried by a jury.
Both victims delivered impact statements to the court via videoconferencing. They described the indelible impact Fowler’s misconduct had on them, which includes post-traumatic stress disorders, nightmares, panic attacks and guilt.
“I do wish he would spend the rest of his life in jail,” said one victim.
The other said she spoke out about the abuse in order to protect the children who found themselves in Fowler’s social orbit.
“It effects them for the rest of the their life. It haunts them for their entire life,” the second victim said of the abuse.
Senior Deputy Prosecutor Valerie Fenton said she was appalled by what she viewed as a minimization of his misconduct by claiming that the girls’ parents concocted the allegation and warned one of the girls to be careful about who they spoke to about the abuse because it could ultimately reflect poorly on her character.
“He wasn’t doing that to protect her. He was trying to protect himself,” said Fenton, adding that Fowler did not believe he inflicted “real damage” on his victims.
Fenton called the girls bright, strong and resilient. She recommended concurrent five- to 15-year terms with a year of local incarceration and 10 years of probation.
“I believe he still poses a risk to the public, Fenton said.
Chief Public Defender Susie Jensen disputed that her client felt no remorse and said society would be protected because Fowler is essentially homebound with no access to transportation.
Moreover, Fowler has had a stroke and a heart attack, in addition to neurological issues that will require lifelong medical care.
“He simply is not going to have access to society,” said Jensen, who recommended a suspended one- to nine-year term.
Fowler admitted to some of the sexual misconduct, but said he was not guilty of all the allegations raised against him.
“I can’t express the sorrow for what I have done,” said Fowler.
Buchanan agreed with the state that Fowler was minimalizing and rationalizing his misdeeds.
“What I hear is rationalization. What I hear is the sexualization of children,” said Buchanan.
Buchanan imposed a suspended five- to 10-year terms and ordered Fowler to serve six months in jail.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.
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