Anderson lewdness trial is delayed
DERRY — The trial of former town administrator John Anderson on lewdness and indecent exposure charges will not be held this week as scheduled but delayed until at least February.
Anderson's trial was set for Friday, Dec. 13, in the 10th Circuit Court in Derry, but that date had to be changed because of a scheduling conflict. The trial will now be postponed until at least after Feb. 7; a new trial date has not been set, according to court officials.
Anderson, 50, has pleaded not guilty to the misdemeanor charges. He is accused of inviting a DirectTV salesman into his house on July 11 while in the nude, among other inappropriate actions.
In papers filed with the court last month, Anderson's attorney James Rosenberg argued that his client was in the privacy of his own home when the alleged inappropriate conduct occurred."The salesman did not immediately leave the home despite the fact that Mr. Anderson was said to have been in the nude and the visit lasted as long as 10 minutes," Rosenberg said.The salesman, by his own admission, continued to "pitch" the satellite TV product in Anderson's home, Rosenberg said
After leaving, the salesman allegedly left behind a brochure for Anderson with his own phone number handwritten on it, Rosenberg said.
Rosenberg directed a subpoena to DirectTV to supply copies of its policies and procedures "regarding its sales people entering homes and leaving their phone numbers behind."But after the company refused to supply the materials, Rosenberg then asked that the court subpoena the DirectTV information.
In arguing for obtaining the information, Rosenberg said the DirectTV procedures, protocols or training materials could show there is a prescribed course of conduct sales staff ought to take when confronted in a home with awkward circumstances.
Rosenberg said, "those facts may further show that the DirectTV sales person at issue had other choices to make that day. He could have simply left immediately."
Rockingham County Attorney Kristen Wilson objected to the motion to compel discovery of the sales procedures and other materials. Wilson wrote that by entering the home while Anderson was in the nude and staying for a brief period of time, it is unreasonable to argue that the salesman could have invited or enjoyed Anderson's inappropriate conduct.
"In no way does someone, by choosing the vocation of door-to-door sales, invite sexual or physical affront," Wilson said.
Wilson said the question before the court is whether Anderson should have known that his alleged inappropriate conduct in front of a salesman, "who is trying to conduct business, would be likely to cause affront or alarm?"
"For this reason, the policies and procedures of Direct TV are completely irrelevant and as such the defendant's motion should be denied," Wilson said.
Anderson was placed on administrative leave on July 12. He was discharged without cause in late October and was to receive a settlement of approximately $45,000, according to a signed separation agreement. He remains free on $2,000 personal recognizance.