Dankof ordered Witherspoon to serve his sentence on weekends and holidays. As a Tier II sexual offender, Witherspoon will be required to report in person to the sheriff’s office every 180 days for 25 years. As part of his probation, Witherspoon will get sexual offender treatment; have no contact with his two stepdaughters until the judge gives his OK and have no use of the Internet or any electronic devices that can access the Internet, among other requirements.
Dankof also ordered Witherspoon to show up in court for quarterly updates to the judge from Witherspoon’s probation officer, therapist and others. The 86 years represents the maximum sentence for the 15 counts.
“This was a severe crime,” Assistant Prosecutor Lynda Dodd said. “We are pleased he got 160 days in jail.”
A Franklin County Sheriff’s detective assigned to monitor the Internet for predators of children ran across Witherspoon late last year or early this year on Craig’s List. The detective played the role of a father of two small children willing to exchange pictures of his fictitious daughters. The two exchanged e-mail, including a request by Witherspoon that he perform a sex act with the 6-year-old fictitious daughter. The two arranged to meet but the meeting never occurred.
Franklin County contacted Brookville police, who obtained a search warrant and found more than 70 pictures from the Internet in a metal box in Witherspoon’s garage.
“They are disturbing, disgusting pictures,” Dankof said.
Frederick Peterson , a psychologist who specializes in sex offenders, testified it was his opinion, based on his seven-hour evaluation of Witherspoon, the man was not pedophile, was a “very low risk of being a danger to the community” and was a low risk of re-offending.
“That risk will decline with appropriate treatment,” said Peterson who testified as an expert witness for the defense.
Under cross-examination by Dodd , Peterson explained the battery of tests administered and reiterated the scientific basis for his conclusion. Asked whether Witherspoon’s statement that he wanted sex with a 6-year-old ran contrary to Peterson’s conclusion, the psychologist responded: “People say a lot of things online anonymously. That doesn’t mean they will do it.”
“The judge was exceptionally fair to both sides,” defense lawyer Richard Skelton said. “If (Witherspoon) messes up, he will serve the rest of his life in prison.”
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