Judge refuses to dismiss charges against former Derry town administrator AndersonBy HUNTER McGEE
Union Leader Correspondent
March 18. 2014 7:13PM
DERRY — Former town administrator John Anderson is headed to trial on indecent exposure and lewdness charges.
Judge Lucinda Sadler has rejected a request by Anderson’s attorney, James Rosenberg, to dismiss the two misdemeanor charges against his client.
A trial management conference is scheduled for 10 a.m. on April 11 in the 10th Circuit Court in Derry. In the conference, Rosenberg and prosecutor Kirsten Wilson will meet with Sadler to discuss how much court time would be needed for the trial, according to court officials. A trial date has not been set.
Rosenberg made the request that the misdemeanor charges of indecent exposure and lewdness be dropped on March 7 during a hearing in the 10th Circuit Court.
Anderson, 50, has pleaded not guilty to the misdemeanor charges of allegedly inviting a DirectTV salesman into his house on July 11 while in the nude and acting inappropriately.
Reached by phone Tuesday, Rosenberg said he still hadn’t received the judge’s order and couldn’t comment on the denial of the motion to dismiss.
“If it’s true that the court denied our motion, we look forward to the trial of this case, and we are confident in Mr. Anderson’s defense at trial,” Rosenberg said.
Rosenberg had argued on March 7 that the state’s indecent exposure statute is vague and uses overbroad language. Rosenberg said the salesman, who didn’t have an appointment, also continued to pitch the satellite TV product inside the home.
After leaving, the salesman allegedly left behind a brochure for Anderson with his own phone number handwritten on it, Rosenberg said.
“We do not believe that that is the conduct of someone who was offended or alarmed,” Rosenberg said.
Wilson said Tuesday she also hadn’t received the judge’s order and couldn’t comment on the decision.
She had argued that the state statute isn’t overly broad or vague and that Anderson had crossed a line.
Wilson previously wrote in response to a motion to compel 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 conduct.
Anderson remains free on $2,000 personal recognizance.