Former Town Administrator John Anderson has received a stay of his sentence for indecent exposure after his attorney, James Rosenberg of Shaheen and Gordon, told Judge Lucinda Sadler that they planned to appeal the charges.
Anderson was found guilty by Sadler of one count of indecent exposure, a misdemeanor, in a hearing Aug. 19 in Derry District Court. A second misdemeanor charge was dismissed by Sadler.
Anderson is alleged to have exposed himself to a DirecTV door-to-door salesman on the evening of July 11, 2013. He was placed on administrative leave July 12 and terminated his relationship with the town Oct. 25, when his contract was up. After several postponements, his trial before Sadler was held Aug. 19 and she released the “guilty” verdict Aug. 21.
Assistant Attorney General James Boffetti gave the county attorney’s recommendation, which was six months in the Rockingham County House of Correction, suspended if Anderson showed “good behavior” and underwent a psycho-sexual evaluation at Anderson’s expense within 90 days of the sentencing.
“The defendant has no criminal record, but his conduct needs to be addressed,” Boffetti told Sadler.
“The conduct in this case is troubling and bizarre,” Boffetti said. “The victim is credible and the defendant is not credible. He lied.” Boffetti was referring to Anderson’s statement to Derry police that he was out for dinner with friends the evening of his encounter with Flynn.
But Rosenberg maintains that Anderson’s conduct took place in the privacy of his own home and that Flynn could have left any time, instead of finishing his sales pitch and leaving a business card. “We would like to appeal this verdict, and have the case tried by jury in Rockingham Superior Court,” he said. “We also sat through the trial, and we disagree with the determination as to Mr. Flynn’s truthfulness.”
Rosenberg said he and the defendant also disagree on the jail sentence and order for treatment, and asked for a stay of the sentence.
Sadler said she thought the county’s recommendation was appropriate but she agreed to postpone the sentencing until after the jury trial.
Flynn spoke briefly, saying he was still troubled by the incident and worried that Anderson would do something similar to a woman or a child. “My whole life has been turned upside down,” he said. “This is very troubling. I would like the court to see that he gets some kind of help.”
“At this point, the sentence is stayed,” Sadler said.
Boffetti said after the meeting that Anderson maintained his innocence and was looking forward to “pursuing his rights through a jury trial.”