Former Reporter Sentenced On Felony Attempted Sexual Misconduct Count
Posted
David Slone-dslone@timesuniononline.com
The former Times-Union reporter who pleaded guilty to attempted sexual misconduct with a minor and has been in jail since November will serve 45 more days before beginning 15 months on probation.
As part of a plea deal, Kosciusko County Superior Court II Judge Torrey Bauer on Tuesday sentenced Michael Anderson, 36, Warsaw, to 21⁄2 years.
As part of the sentence, Bauer ordered Anderson to serve 15 months in jail with the remaining portion served on probation.
The sentence was the maximum allowed under the plea deal.
Anderson pleaded guilty on April 23 to the single Level 6 felony count.
The judge ordered Anderson to undergo a psychosexual assessment. Anderson may have his probation transferred to Utah, where he seeks to go to care for his ailing brother. He must pay $213 in court costs.
Anderson has been in the county jail since he was arrested Nov. 29. Bauer gave him 175 days credit for time served. As part of the agreement, five other counts were dismissed.
Prosecutor Dan Hampton asked if Anderson would have access to the internet while he was on probation. Bauer decided that Anderson must not have access to the internet while on probation.
Jay Rigdon, Anderson’s attorney, said a lack of access to the internet would hamper Anderson’s ability to find a job, which is part of the requirement in terms for probation. Bauer said that was Anderson’s burden.
If it is determined that Anderson can’t find a job as a result, Bauer said he would be willing to work around that.
Before Bauer handed down his sentence, Rigdon and Hampton gave final statements.
Rigdon argued the case was an interesting one because there’s a lot of gray areas in cyberspace – kids pretending to be adults, adults pretending to be kids and other scenarios. Hampton said there was no evidence indicating that in this case, and that though the actual ages couldn’t be ascertained because the conversation was on the internet, evidence from the investigation determined the crime.
Anderson had no prior felonies, Rigdon said, though he does have a couple of misdemeanors. He said Anderson has a good education and work history.
Bauer also received a letter Monday from a former co-worker who vouched for him. Rigdon said that letter about Anderson said more than he could.
Rigdon suggested that probation beyond his time served in jail would not be worthwhile.
A pre-sentence investigation report by the probation department indicates Anderson takes medication for depression, Hampton said.
Rigdon said placing Anderson on probation may complicate his efforts to return home to Utah. Bauer countered by saying probationary status could be transferred to Utah. Probation Department officer Bryan House said a transfer would involve an application, additional fees and approval from authorities in Utah. If his application would be rejected, Anderson would remain in Indiana during that period.
Bauer said aggravating circumstances in the case included Anderson’s previous misdemeanors, but mitigators included the probability that Anderson was less likely to reoffend and the letter of support.
Bauer said he struggled whether or not to accept the plea deal, and the penalty for the crime Anderson pleaded to should be more harsh.
He said he also had to trust the process and the prosecutor’s office as a whole, which knows the case better than he.
He also said Anderson has taken responsibility for his actions.
Anderson’s criminal problems began after his girlfriend at the time found objectionable messages on his Facebook account.
The first of two separate chats she showed police were between Anderson and an individual police believe to be about 13 years old. The chat occurred sometime between Feb. 10 and April 27, 2017.
Anderson and the girl talk about them meeting and him spanking her. During a later conversation, he learned the girl was actually 12 years old.
Another conversation involved a Pennsylvania woman who talked about her daughter and how the girl should be disciplined. After Anderson mentioned kissing the woman, he then told her that her daughter would be required to kiss him when she is old enough – a preteen or teen.
Police obtained Anderson’s cell phone with the search warrant and found several internet chat conversations with girls under 16 years old.
Anderson worked as a reporter for the Times-Union covering police and courts for about a year prior to his arrest. The newspaper was unaware of Anderson’s alleged illegal activities and his employment was terminated immediately.
