Gary Peterson gets 5 years

Sexual offender Gary Peterson walked into state District Court Thursday morning in black slacks and a gray sweater. Three hours later, he was escorted out in handcuffs and turned over to the custody of the state Department of Corrections for the next five years.

Peterson, represented by Randy Randolph, had agreed to a plea deal that was supposed to result in him serving 20 years.

At his sentencing hearing in November, Peterson moved to withdraw his pleas to the three charges of sexual abuse of children to which he pleaded guilty, saying he was coerced into changing his pleas. Another 29 original charges had been dropped in the plea deal.

After reviewing arguments from both sides of the case, Boucher ruled against Peterson's request in a hearing Dec. 22 and set the sentencing hearing for Thursday.

At the end of Thursday's hearing, Boucher sentenced Peterson to five years in custody followed by 10 years of probation.

Peterson had pleaded guilty to three counts was in court to receive punishment for setting up a elaborate network of video and photo cameras in his home, where he was living with his girlfriend and her teenage daughter. The cameras - one installed behind a poster and another in the panel of her bedroom ceiling - were to capture images of his girlfriend's daughter getting dressed and undressed.

Five witnesses testified throughout the hearing, including Certified Mental Health Forensic Evaluator Marla North, who told the court that Peterson told her he wouldn't have to do any prison time.

North performed a psycho-sexual evaluation on Peterson that went through his entire history, his charges at the time and his input.

North testified that Peterson told her the photos of the victim were "selfies."

"Would it surprise you if I told you Mr. Peterson's photos came from different cameras, different sources?" Dahl asked North.

North said Peterson told her the victim put the holes in the walls of her room herself; that Peterson said he told his girlfriend, the victim's mother, about the nude photos; and that the video of the victim undressing was "very brief."

All those things, Dahl said, were untrue. Peterson put the holes in the girl's room for the sake of the elaborate cameras; the mother found out every way but out of the mouth of Peterson about the photos and tapings; and the "brief video" in question was five minutes long.

North said that her evaluation showed that Peterson was arrogant, narcissistic and in denial - he didn't seem to think he did anything illegal. Some parts of the evaluation showed Peterson justifying the crimes, she said.

But despite all that, he was still a Tier 1, low-risk sexual offender, North said, adding that he had no prior history of likewise behavior, and that his crimes weren't hands on.

North recommended Peterson complete phase I of a sex offender treatment program and the court would take it from there. If the first phase revealed that more treatment was necessary, than he would get more. Her job, North said, did not include recommending served time for Peterson.

Randolph asked North if Peterson was a safe candidate for community-based treatment. Despite the offender denying the seriousness of his crimes, yes, he would be a safe candidate for community-based treatment, North said.

Lieutenant Aaron Wittmer and Barkus, both of the Havre Police Department, who were involved in the investigations, testified that Peterson told them the photos were printed by accident; that Peterson said he thought he destroyed all the pictures; and that the victim's mother said she found the nude photos of her daughter in the garage.

Barkus said he interviewed the victim, and that although she said she'd taken some photos of herself, she had never given them to Peterson. The victim, Barkus said, was "distraught, embarrassed ... extremely upset."

Parole officer Katie Kuhr described Peterson's history, which included a previous arrest for possession of methamphetamine. Kuhr also said Peterson had dabbled with many mind-altering substances, including ecstasy, cocaine, psychedelic mushrooms and LSD.

Kuhr said her biggest concern was that Peterson kept denying his crimes. She said she did not believe Peterson was appropriate for community-based service.

Randolph reminded the court that Peterson did plead guilty. Randolph told the court community-based treatment, which was available in Havre, was the best option for his client.

Before the judge imposed Peterson's sentence, the victim's father read two letters. The first was his statement.

He said he wanted Peterson to know that he put a lot of people through a lot of pain. His daughter had to leave town. She gets up in the middle of the night to check that all the windows and and doors are locked, he said.

"As for me," he added, he had to get used to his daughter calling in the middle of the night, crying.

He then read his daughter, the victim's, letter:

"Today I'm asking for my voice to be heard," the letter starts.

The victim wrote that Peterson stole her greatest possession, her privacy. She said she felt an uneasiness about him the moment she met him.

"You are angry ... I feel sorry for you," the letter said. "I forgive you, Gary, entirely. Not for you, but for myself. ... I will pray for you ... you did not win. ... I am not my body."

The letter concludes: "Justice will be served one way or another. May God have mercy on your soul."

"I believe justice will be served," her father said as he turned around and sat back down in his chair.

Peterson made a statement before Boucher imposed the sentence.

"I do feel terrible. ... It's a bad circumstance all the way around," Peterson said, adding that it was "an unfortunate situation for all parties. I ask the court for a chance. I will abide by all the recommendations."

When imposing the sentence, Boucher said Peterson's statement was the closest the court had heard Peterson admit to making mistakes.

Aside from the five years in the Department of Corrections, Boucher said Peterson should begin the sexual offender treatment.

After the hearing, the victims father said, "Sentence might be a little light. He's been a little arrogant - he thought it was a game."

Dahl's statement echoed his.

"I'm a little disappointed," she said.