Man sentenced for sexual battery of minor

A 67-year-old Lewiston man who pleaded guilty to felony sexual battery of a minor was sentenced after not attending his sentencing last week.

Second District Judge Michelle Evans sentenced Joseph A. Lee on Thursday at the Nez Perce County Courthouse after an incident in which he kissed and touched a 17-year-old.

Lee was given retained jurisdiction for 365 days to attend treatment with the Idaho Department of Correction in a rider program. If he is successful he will be placed on probation. If not, Evans will impose a 3- to 6-year prison sentence.

Lee pleaded guilty in March and signed a Rule 11 plea agreement, which means if the judge doesn’t follow the agreement the guilty plea can be revoked.

As part of the agreement, the state, represented in court by Nez Perce County Prosecutor Kali Jo Parker, was bound by the recommendation of the presentencing investigation report, which was for a rider program.

Public defender Rick Cuddihy argued for probation, saying Lee is disabled and has unstable housing in his RV.

Cuddihy said Lee was a victim of a hit-and-run in Clarkston two years ago. He said Lee has difficulty reading, which may have affected some of his evaluations.

Cuddihy explained that Lee missed the sentencing last week because he lost track of time, but acknowledged in the process he lost credibility with the court.

Lee spoke to Evans and said he wanted to continue living where he’s at. He wanted to focus on fixing his RV and “staying away from everything.”

But Parker highlighted several areas in the report, stating Lee showed no accountability for his actions, a lack of cooperation and authority issues.

Parker also noted that in the presentencing investigation report Lee accused the victim of making it up and showed grooming behavior by buying her gifts.

The victim gave a victim impact statement and said Lee came over for dinner, and the incident took place when her parents weren’t in the room and it stopped when he was confronted. She said Lee hurt her in many ways.

Evans noted that Lee was a moderate risk to reoffend and had untreated mental health issues. She was concerned that Lee wouldn’t be successful on probation but hoped that he would prove her wrong by taking advantage of opportunities with his rider program.

Evans also ordered a no-contact order with the victim for six years, and he will have to register as a sex offender. He will have to pay $540.50 in court costs and $1,000 civil penalty to the victim.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.