Rape sentencing for Dillon massage therapist hits snag - Montana Standard

[massage]

DILLON — The sentencing for a Dillon massage therapist who was convicted in July of raping a former client reached a stalemate Tuesday when the defendant objected to the judge presiding remotely from an Eastern Montana courtroom.

District Judge Katherine Bidegaray, who appeared via video from the Richland County Law and Justice Center in Sidney, granted Randall Lee Lerman’s request and continued sentencing to Dec. 22. Public Defender Ed Sheehy had argued that he was going “to assert” his client’s right to object. Sheehy claimed potential or possible "ineffective assistance of counsel" with judge conferencing in.

A 12-person jury found Lerman, 63, guilty of felony sexual intercourse without consent after a two-day trial in Dillon district court. Kelsey Stoker — then 20 — testified that he had grabbed her breasts and digitally penetrated her during a massage in November 2014.

Beaverhead County Attorney Jed Fitch did not object to Lerman’s last-minute request for continuance; however, he argued that witnesses subpoenaed to testify about their massage experiences with Lerman be allowed to take the stand Tuesday if they were unable to attend the rescheduled sentencing hearing.

In the months after Stoker was raped, other women had come forward to report Lerman had victimized them.

“I’m looking at the audience and the women I subpoenaed. I think the court can take testimony in light of the fact you didn’t raise this motion in time,” Fitch said, to which Sheehy voiced no objection.

Bidegaray then heard argument regarding Sheehy’s motion filed on Monday to close proceedings to the public, including members of the media, stating that the “demand of privacy outweighs the merits of public disclosure.

“There is no basis for the court to close these proceedings. This is a public hearing. … Clearly the facts and the circumstances outweigh any right of privacy to the defendant,” Fitch argued.

Sheehy responded, saying he would “leave it up to the court,” but that he wanted to ensure the witnesses were aware their identities would be made public.

Bidegaray denied Sheehy’s motion, saying that the Montana Constitution provides the public and members of the media the right to know and that this included examining court documents and observing court proceedings. Closure, she added, would be “censorship.”

Three witnesses testified about their respective massage experiences with Lerman.

Patti Mitchell of Dillon first met Lerman in 1993 when she was in her early to mid-30s. She had at least 10 massages over a two-year period. Her job as a pharmacist, she testified, required a lot of standing and talking on the telephone, which had elicited “sharp pain in her shoulders.”

Mitchell testified that she became uncomfortable after several massage sessions. Wearing only “panties,” she felt especially exposed when Lerman started touching around her breasts and upper legs. She told him to stop. When his hand and finger were “heading into my vaginal area,” Mitchell said it was inappropriate and never saw him again.

Asked why she came forward and contacted the county attorney’s office, Mitchell testified she “felt it was my duty.”

After the proceedings Tuesday, she said it is difficult to live in a small community and to experience such a personal violation of trust. Coming forward to share her story was a show of support for the victim who was abused, Mitchell added.

“It’s the right thing to do. Perpetrators like that don’t deserve to be on the street,” she said.

Fitch commended the women who testified, saying they knew it would be a public proceeding with the press in attendance and “decided to testify anyway, and I’m very proud of them for their bravery.”

He also expressed his deep frustration over the lack of anticipated closure for the parties involved.

“Justice sooner is better rather than later — justice for everyone, the public, for the defendant, and for the victims of the crime. I really hope very much that we will complete this on Dec. 22,” Fitch said. “I will bring my witnesses and my argument home on the 22nd.’’

Lerman remains free on bond.

This entry passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at fivefilters.org/content-only/faq.php#publishers.