DERRY — Former Town Administrator John Anderson’s trial has been postponed again as his attorney tries to prove it was not illegal for him to expose himself in his own home.
Anderson, 50, was scheduled to go on trial Friday in 10th Circuit Court on two counts of indecent exposure and lewdness. Town councilors voted last fall not to renew his contract after he was arrested in July for exposing himself to a satellite TV salesman.
The trial was recently rescheduled for March 7, but is now postponed indefinitely. A hearing on various requests in the case will be held that day instead. The trial was originally set for Dec. 13, but delayed because of a scheduling conflict.
Anderson’s attorney, James Rosenberg, has told Judge Lucinda Sadler that the charges should be dismissed and on Jan. 10 was given 30 days to file a formal request. Prosecutor Kirsten Wilson then has 10 days to object.
Rosenberg questioned at that time whether Anderson is guilty of a crime if he exposed himself in his own Lane Road home.
Anderson and Rosenberg contend the former town administrator had no way of knowing he would offend the salesman. The two also want to know why the salesman remained inside the home for at least 10 minutes while Anderson was not wearing clothes.
They say Anderson cannot be convicted of a crime under state law unless it is proven he “engaged in conduct which ‘he or she know will likely cause affront or alarm.’” Neither could be reached for comment yesterday.
Instead of leaving, the unidentified salesman continued his sales pitch and gave Anderson his phone number and a brochure, saying he could call him, they said. The salesman allegedly told Anderson he would be in the area until 8 that night.
But the salesman later reported the encounter, and Anderson was arrested by state police on two counts of indecent exposure and lewdness. Each count is punishable by up to a year in the county jail.
Anderson is accused of asking the salesman to take off his clothes as well, according to a police affidavit. The salesman told police that Anderson masturbated in front of him and said it was a “nudist” household.
Rosenberg has filed a subpoena against the satellite TV company, asking them to provide details on its policies, procedures and training manuals. The company declined to supply the information and Wilson has objected to the request as well, saying it’s irrelevant to the case.
Anderson had been Derry’s town administrator since October 2010, earning $124,962 in the final year of his contract. He was given more than $40,000 in severance pay by the town and had been on paid leave for five weeks until the council placed him on unpaid leave Aug. 20.
He remains free on $2,000 personal recognizance. The Town Council recently began looking for his replacement.