Richardson withdraws plea on sex charge

Havre Daily News/Lindsay Brown

Howard Richardson of Havre listens to arguments Wednesday in state District Court in Havre during his sentencing hearing. Richardson withdrew his no contest plea to a misdemeanor sexual assault charge during the hearing, which he made in a plea agreement, and is scheduled to go on trial Aug. 20 for a felony charge of sexual intercourse without consent.

After a lengthy sentencing hearing on a misdemeanor charge, a Havre businessman withdrew his plea on the misdemeanor sexual assault charge.

In a plea agreement, Howard C. Richardson, who was born in 1961, pleaded no contest to a charge of sexual assault, amended in the plea agreement from a felony charge of sexual intercourse without consent.

After Richardson withdrew his plea, Hill County Attorney Gina Dahl said she would refile and prosecute the felony charge.

Judge John C. McKeon, who is presiding over the case, set a trial on the charge starting Aug. 20.

In her presentence investigation report, Montana Probation and Parole Officer Holly Matkin recommended Richardson be given a suspended sentence for the misdemeanor and be placed under conditions including undergoing Phase One of a sexual offenders treatment program.

The defense argued that requiring him to undergo that treatment program and other recommended conditions would be far in excess of a sentence for a misdemeanor offense.

Richardson was charged with the felony after a woman told Havre police officers May 8, 2011, that she had gone to talk to Richardson earlier that day about what he would do to help a woman who was pregnant with his child.

Richardson ended up cornering her in his bedroom next to his bed, trying to force her to have sex with him despite her repeated denials, she said. She said she finally, after he had been removing her clothing and caressing her against her will, agreed to have oral sex because she did not think she could get away from him without doing that.

Richardson has maintained from the start that he did nothing against the woman's will. He pleaded no contest, meaning he continued his denial of wrongdoing but agreed that he likely would be convicted if he went to trial.

Missoula licensed criminal psychologist Michael Scolatti, who evaluated Richardson for the defense and was called to the stand by Richardson's attorney Ken Olson, testified that he had originally agreed that undergoing the Phase One treatment was appropriate.

Scolatti reconsidered once Olson pointed out to him that it was a misdemeanor six-month sentence and that Richardson was pleading no contest, with no admission of guilt.

The Phase One portion, which lasts about six weeks, is primarily educational, he said, and, in a case where the offender is in denial, primarily would be used to prepare someone for Phase Two of the treatment.

Scolatti testified that when he evaluated Richardson, he determined that Richardson had low risk as a sex offender. His adamant denial of wrongdoing also played into changing the recommendation.

He said that he also had been provided a letter where a witness wrote that the victim had told her that nothing had happened.

Dahl, while cross-examining Scolatti, said the victim has never changed her story. Dhal added that she knows the witness to whom Scolatti was referring, and that she had changed her story, saying on some occasions that the victim said it had happened and on others that it hadn't.

After hearing that, Scolatti said making a recommendation was even more difficult.

"Since (the victim) hasn't varied in her statements, I think that's important," he testified. "I still don't know where the truth lies."

At the end of his testimony, Scolatti said if the term of the sentence were long enough, he probably would recommend sexual offender treatment for Richardson.

After hearing the testimony and noting inconsistencies in the signed plea agreement — Dahl also noted that the document, which was not prepared by her, said at one point the judge was not bound by the agreement but at another that the defendant could withdraw his plea if the judge varied from it — McKeon said he planned to deviate from the agreement, and offered Richardson the chance to withdraw his plea.

After Richardson did so, Dahl said she would again prosecute the case on the felony charge, and McKeon set a hearing for May 13 and the Aug. 20 trial date.