Coeur d'Alene Press Newspaper | CDAPress.com

Local and National News - Kootenai County, Idaho

Judge gets tough with sex offender

Posted: Tuesday, Jul 22, 2008 - 11:45:33 pm PDT
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By RYAN SHELTON
Staff writer 
SHAWN GUST/Press
Art Towers, 54, right, leans toward his attorney, Henry Madsen, for discussion during a jurisdictional review Tuesday at the Kootenai County Courthouse in Coeur d'Alene.

Man sentenced to prison after probation violations

COEUR d'ALENE -- Art Towers, 54, was sentenced Tuesday to serve a fixed two year and possible 13 year indeterminate term in an Idaho state penitentiary for failing to complete rehabilitation classes while incarcerated under a retained jurisdiction order.

Towers, of Coeur d'Alene, pleaded guilty in 2007 to one charge of sexual battery of a minor and was sentenced to five years of probation. But after eight months and more than a dozen probation violations, including repeated out-of-state trips, Towers was sentenced to a four month retained jurisdiction in a state penitentiary, or "rider," for further monitoring.

"You completely shattered the terms of your probation," said Judge John Mitchell. "I don't know of anyone who's blatantly disregarded my rules of probation like you have."

Towers appeared in the Kootenai County Courthouse for a jurisdictional review of his rider, where state prosecutors and Towers' probation officer recommend to the court that his rider term end and that he be incarcerated.

Idaho Department of Correction officers accused Towers of exposing himself to prison staff and other prisoners during his recent four-month stint in a Boise penitentiary. But Towers lawyer argued that his client's paraplegia had lead D.O.C. staffers to confuse his use of an external catheter for urination for indecent exposure.

"He's done everything that he's needed to do," said Henry Madsen, Towers' lawyer. "But clearly they (D.O.C.) didn't do their job. My client was not given a wheelchair cell and was forced to sit in an open holding area with 40 men and relieve himself."

Towers was the sole survivor in a 1981 plane crash. During an operation to repair his torn aorta, the bloodflow to his brain and spinal cord was cut off, resulting in the paralysis that has left him paralyzed from the chest down.

After making his ruling, Judge Mitchell said that the allegations that Towers exposed himself in prison were misguided and that they did not influence his decision to send Towers to prison. Instead, Mitchell cited Towers' failure to pass a polygraph test and complete required rehabilitation courses while serving his retained jurisdiction sentence.

"I believe 100 percent that I can follow probation rules, regardless of how small," Towers said before the sentencing. "I was in the military for nine years. If I wasn't a man that follows rule I wouldn't have made it in the military. I want the chance to redeem myself."


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boxers wrote on Jul 25, 2008 6:52 AM:

" CLICK,CLICK,BOOM CASE CLOSED! NEXT CASE. "

to wrong... wrote on Jul 24, 2008 1:43 PM:

" disabled people want to be treated just like anyone else.. and since that is the case they are subject to the same laws as everyone. He may be in a wheelchair and he may not be a "threat" as you say but he still broke the law, and then continued to break it and therefore he deserves to be punished just the same!

He seemed to have gotten off pretty light at first. Five years probation for sexual battery of a minor, what a joke! But then he pushed it even farther and continued to show a blatant disrespect for the Judge that seemed to have been offering him a second chance..

Put this guy away and throw away the key, if he didn't learn the first time.. he never will... "

huh... wrote on Jul 24, 2008 1:37 PM:

" he's charged with sexual battery of a minor at the age of 53 and he gets five years Probation??
Please tell me there was more to the story and that our judicial system doesn't isn't really that hopeless!!


he says he was is the military for nine years and if he couldn't follow rules he wouldn't have made it..HELLO??? you didn't follow the law and then you didn't follow your probation, my goodness you belong in jail, sir! Here's your sign!! "

disgusted wrote on Jul 24, 2008 11:45 AM:

" Have you ever taken the time to read the criminal sentencing section of our newspaper? I've been reading it the past week and I am surprised and horified to see that no one is punished for their crimes. What ever time they are given in the penitentiary is suspended. The only judge giving time in jail is Hosack and then it's just 10 days. This just tells me that the criminal system is not tough on crime. Why do we need more jails? "

Eric wrote on Jul 24, 2008 11:13 AM:

" It's nice to see that pretty much everyone is in agreement on this one. Bring Jessica's law to Idaho you scumbag politicians! "

to wrong wrote on Jul 24, 2008 10:19 AM:

" You can commit sexual battery with other parts of your body besides the obvious one. The fact that this sicko is in a wheelchair does not mean he isn't a creep. And so what if he is a veteran. That does not give him the right to abuse a child. If you think he is so wonderful, why don't you let hem babysit your child or grandchild? "

Interested wrote on Jul 23, 2008 8:55 PM:

" Gets tough? Ridiculous! Tough would be sentencing this child abuser to jail time to begin with. Tough would be sending him to jail after his FIRST probation violation. Tough would be sending him to jail BEFORE OR EVEN AFTER his twelth probation voliation. Tough would be sentencing this pervert to actual jail time and not an "indeterminate sentence" - which is this judge's way of acting tough but letting them walk. Take a look at his sentencing pattern -there is always a big indeterminate sentence that is never effectuated. He told Mark Furman that it wasn't his job to determine if these criminals need to stay in jail - but the probation department's job. Furman likened that to a general turning his duties over to a private. The only reason this judge is still in office is that too many people will vote for a "good ole' boy" instead of a judge who will follow the law and do the job they have to do - protecting the public (NOT the criminal). Anyone care to guess what this sicko did while out state? One child abused is one too many - and any child victimized was victimized by the court and this judge as well as this defendant. "

FED UP wrote on Jul 23, 2008 2:30 PM:

" Get tough? What took so long? These Idaho judges are IDIOTS and incompetent at best. Let's see, a charge of sexual battery of a minor and was sentenced to five years of PROBATION. After eight months and more than a dozen probation violations, including repeated out-of-state trips, Towers was sentenced to a four month retained jurisdiction in a state penitentiary, or "rider," for further MONITORING. Maybe if these judges would have done their jobs right the first time and put his butt in jail, we might not have this problem today. I find it amazing the sentences people get in this county, such a joke. These judges have no idea what they are doing! But boy if you get caught driving with no insurance in this county, you'd be in jail quicker than you would know! "

to wrong wrote on Jul 23, 2008 11:47 AM:

" are you with us here on planet earth? who cares if the freak is in a wheel chair. He still committed violations against a minor. No matter how you spin it, he is sick and wrong. I agree with "who cares" take him out back and shoot him between the eyes, the only thing I'd add to that would be to castrate him first without using pain killers. He of all people, especially being a veteran knows right from wrong. What a disgrace to the military. oh and please don't cry me the "well it may have happened to him BS when he was young." That is exactly why these sickos get to continue doing what they are doing is because of idiot bleeding hearts like you. Obviously, you are going to need to have it effect you personally for you to change your out look on pedophiles. "

Who cares wrote on Jul 23, 2008 11:05 AM:

" How is the fact that this sick-o is in a wheelchair relevant to the fact that he attacked a child? Prison is too good for him I say wheel his sorry butt out behind the wood shed and pump a few rounds into his head! "

wrong wrote on Jul 23, 2008 10:52 AM:

" If the man is paralyzed from the chest down and in a wheelhair what real threat is he...??The man is a veteran and should be treated better than this....a little counseling should be in order "

WOW wrote on Jul 23, 2008 9:29 AM:

" Good job Judge Mitchell its about time you stepped up and did something about sex offenders for a change! "

ssl wrote on Jul 23, 2008 8:43 AM:

" 5 years of probation for sexual battery on a minor?!!!
Absolutely mind boggling!Is it any wonder these crimes continue on...and on...and on...
"the chance to redeem" yourself? Please! You can't keep it in your pants while in jail with grown men. "

enough is enough wrote on Jul 23, 2008 8:40 AM:

" This is why these animals and "light sentencing judges" need to be thrown in jail. No parole, No probation, No second chance. "

About time wrote on Jul 23, 2008 8:39 AM:

" Prison overdue for this jerk! "

Warpiper wrote on Jul 23, 2008 4:19 AM:

" If he was in the military for nine years and knows how to follow the rules, why couldn't he follow the "don't commit sexual battery on a minor" rule? I'm sure that being paralyzed must be a very difficult situation. It does not, however, mean that you are above the law and get to make your own rules. Probation rules are in place to protect the public. I say kudos to the judge for upholding the law (although something should have been done before the twelfth violation.) "

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