A convicted sex offender whose February trial on a child rape charge was derailed by a juror's online snooping agreed to plead guilty yesterday to avoid a new trial. The deal will spare the young victim a second round on the witness stand, but it also spares Timothy Townsend the possibility of two decades in prison.
In exchange for his guilty plea yesterday, Townsend, 38, of Laconia was given a 1½- to 10-year prison sentence. Had he been convicted at trial, Townsend could have faced 20 to 40 years in prison because of his prior conviction, his lawyer said.
Prosecutor David Rotman of the Merrimack County Attorney's Office said he agreed to the far shorter sentence largely because the family of the now 10-year-old victim did not want her to have to testify a second time.
The girl faced that prospect because a day after the jury began deliberating in Townsend's February trial, juror Paul Christiansen revealed to the rest of the jury he'd learned from the internet that Townsend had previously been convicted of child sexual assault in 1996.
That sort of information is barred at trial. Christiansen shared it, he said, knowing it was illegal but feeling the jury needed to know.
Trial Judge Tina Nadeau declared a mistrial, and the case was rescheduled.
Reached at home last night and told of Townsend's plea deal, Christiansen initially defended his February misconduct, for which he paid a $1,200 court fine. When asked again whether Townsend's plea deal and short sentence left him with regrets, Christiansen briefly went silent.
"Yeah. I have regrets," he said. "The poor (victim). But I don't really have any more comment."
In 2006, Townsend sexually touched the girl, who was then 6, in Franklin while giving her a bath, according to court records. He denied the allegation and during his first trial argued that he had been tricked into a false confession by a state police trooper during a polygraph test.
Townsend's lawyer, Ted Barnes of Concord, said a state trooper lied during the test and told Townsend a medical exam showed injuries to the child's genital area.
Believing that statement and fearing the polygraph results would be presented to jurors at trial, Townsend said if he had touched the girl's genitals, he had done it inadvertently while bathing her, court records said. At trial, Townsend maintained his innocence.
And he continued to do so as recently as last week. Barnes was still filing motions in Townsend's defense.
But in court yesterday, Townsend told Judge John Arnold that he was changing his plea and that he was in fact guilty as charged. Hearing the admission brought tears to the eyes of the woman now dating the girl's father. It also upset the girl's mother, who is married to Townsend and kissed him goodbye as he was taken from court in handcuffs.
After court yesterday, Barnes said it was his client's decision to change his plea.
"His primary concern was his wife and the little girl," Barnes said.
He said the strife between the girl's biological parents has made the case especially difficult.
"(Townsend) believed his wife and the girl were pawns in this and he was not going to let them continue to be in that position," Barnes said.
Barnes declined to answer when asked whether his client was admitting guilt or making a strategic decision to end the case. He said Townsend's prior conviction, in which the victim was between 13 and 16, involved an underage girlfriend. Townsend was 25 when he was convicted in that case.
Townsend must serve only 1½ years to be eligible for parole, but it may take him longer to actually earn it. Arnold ordered Townsend to complete the prison's sexual offender program, which has a waiting list and takes about 18 months to finish.
Arnold recommended in his sentencing order that the prison get Townsend in as quickly as possible. (next page »)
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Comments
Waste of time and money
By Matunaagah - 10/23/2009 - 8:19 pm"Arnold ordered Townsend to complete the prison's sexual offender program"
Let's also waste more money making programs to stop dogs from drooling over steaks, or to keep babies from crying. I cannot believe this kind of thing has not been done away with yet. Any psychologist that tells you a person's instinctive sexual urges can be changed or controlled should be removed from their position.
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What?????
By tercor - 10/23/2009 - 10:03 pmShe KISSED him goodbye?!! Yeah, right....Kissing him goodbye by
the toe of my boot would have been his last kiss. Sickening.
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If He Raped A Ten Year Old
By 1wildindian - 10/23/2009 - 9:10 amIf he raped a ten year old or a thirty year old, there should be no plea deal!
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Explain a few things to me
By Fischercat - 10/23/2009 - 1:34 am"Townsend was 25 at the time" of the previous conviction. How is his age at the time of conviction relevant? His age at the time he committed the prior offense IS relevant, but remains unreported. Why? Was this done to intentionally skew opinion?
Townsend's could have been 18 with a 16 year old girlfriend. Or he could have been 25 and assaulted a 13 year old. The former is now a misdemeanor, while the latter is a serious felony. The former happens every day in every high school in the state, while the latter is clear, deviant behavior. What type of offender is he?
In any event, his previous conviction is entirely irrelevant to the current case.
As for the plea agreement: Hmmmm, should I take the 1 1/2 year sentence or roll the dice and risk it all and probably face a 20 year minimum sentence? Decisions, decisions.....
Are you kidding me? What kind of choice is that? Who in thier right mind, guilty or innocent, would not take this deal? Short of torture, can there be a more severe form of coercion than the threat of losing two decades of freedom?
If Townsend did molest a girl under 10 years old, the 20-40 year sentence is justified. If he didn't, even 1 1/2 HOURS is too long. Unfortunately, we'll never know. But come on, most of us would plead guilty to anything if faced with this choice.
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