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March 18, 2014

Anderson lewdness trial moves forward

Judge denies request to dismiss case

DERRY — A judge has rejected the former Derry administrator’s request that she drop indecent exposure charges against him.

Judge Lucinda Sadler ruled that John Anderson, who admits exposing himself to a satellite TV salesman last summer, will continue to be tried on the two misdemeanor charges in 10th Circuit Court in Derry. He could face up to a year in jail on each charge.

Anderson’s contract with the town was not renewed in October after the Town Council voted in July to suspend the three-year Derry administrator after police reported that he exposed himself.

Anderson and his attorney, James Rosenberg, appeared in Circuit Court on March 7 to ask that the charges against him be dismissed. He was to go on trial that day, but it has been postponed indefinitely.

Anderson, 50, sat silently in the courtroom as Rosenberg told Sadler that her client had a right to be naked in his own home. Rosenberg also denied prosecutor Kirsten Wilson’s allegations that Anderson masturbated in front of the salesman.

The two attorneys debated whether Anderson could be found guilty under state law of engaging in “conduct which ‘he or she knows will likely cause affront or alarm.’”

The incident occurred one evening in July after the salesman knocked on the door of Anderson’s Lane Road home and no one answered. Anderson then opened the door motioned for Anderson to come inside.

The salesman stepped inside and was surprised to find Anderson naked, Wilson said. Anderson asked the unidentified salesman to remove his own clothes, saying it was a “nudist household,” according to a police affidavit. The salesman did not comply, the affidavit said.

The unidentified salesman continued his sales pitch and left several minutes later after giving Anderson his phone number and a brochure.

Rosenberg contended that if the salesmen were “alarmed,” he would have immediately left the home. The attorney also called the state’s indecent exposure law “vague” and “overbroad.”

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