Judge drops indecent exposure charge against former Derry town administratorHUNTER McGEE
Union Leader Correspondent
August 19. 2014 10:05PM
DERRY — A charge of indecent exposure was dismissed against former town administrator John Anderson Tuesday during his trial Tuesday in Derry District Court.
But Judge Lucinda Sadler took under advisement a request to dismiss a lewdness charge, saying she would issue a decision later.
Anderson, 51, had pleaded not guilty to the misdemeanor charges of allegedly being in the nude and acting inappropriately after inviting DirecTV salesman Errol Flynn into his house on July 11, 2013.
Questioned by Assistant County Attorney Kirsten Wilson, Flynn, 41, said it was around 7 p.m. when he knocked on Anderson’s door. After some time, the door opened.“I can’t see a body; all I see is an arm beckoning me,” Flynn said.
He said it was after he walked into the house that he saw Anderson was nude.“My assumption was I caught him in the shower,” Flynn said. Flynn said he began his sales pitch and averted his gaze so as not to offend Anderson; he assumed he was getting dressed. But as he was making his presentation, Flynn said he heard Anderson comment that his was a “nudist home.” Flynn said he thought Anderson’s comment was “weird,” but he continued on with his pitch.
“I said, ‘Nobody’s nude but you,’” Flynn said he told Anderson in a sarcastic tone.Anderson then asked if Flynn was a homosexual and he answered, “no.”
Flynn said he was thinking about ending the conversation, but Anderson expressed interest again in the DirecTV services.
“I’m trying to push forward, but I’m starting to get uncomfortable with it because I didn’t understand what he was alluding to,” Flynn said. Flynn then said he heard a noise and turned to see Anderson committing an inappropriate act. At this point, Flynn said he decided to leave, but before doing so, he left a sales brochure for Anderson, writing his name and number on the pamphlet.
Under questioning from Wilson during the six-hour court proceeding, Flynn said he was deeply offended by the incident.
“In my mind, I’m like ‘What do I do right now because I’m totally offended,’” Flynn said. “He’s like smirking at me, smiling and I’m like, ‘I’ve never been in a situation like that.’”
Anderson later took the stand in his own defense and was questioned by his attorney, James Rosenberg.
During the questioning by Rosenberg, Anderson said he is gay. Anderson said he had come home in the early evening to watch TV, but fell asleep on a couch. He said it was extremely hot that day and his home doesn’t have central air. He said he stripped to his underwear.
He later fell asleep and was startled by Flynn coming to the door. Anderson said this caused him to spill a glass of water on himself and on the floor and rug. He testified that he then removed his underwear and left it on the hearth to dry.
Anderson told the court Flynn knew he was naked when he went to answer the door and was never offended by his conduct during the sales presentation. Anderson said Flynn never averted his gaze.
Rosenberg asked, “Did he do anything to indicate discomfort with nudity?”
Anderon answered, “He did quite the opposite. He stated he couldn’t get naked right then because he was working, but he might be able to stop back later.”
Anderson said he later invited Flynn to take off his clothes and also get naked. He said Flynn allegedly said he couldn’t then because he was working, but asked Anderson if he could come back later after work.
“My inference from that was that he was interested in pursuing something. but he couldn’t do it then because he had another half-hour of work but he might come back later,” Anderson said.