Sex offender requests reduced sentence, denied

Editor's note: The story has been updated to clarify the identity of the individual charged.

A local man convicted on a lewd conduct charge over 30 years ago was denied a reduction of his sentence last week.

Aaron "Bert" Fodge Sr., 61, formerly of Boundary County was found guilty of lewd conduct with a minor under the age of 16 on June 12, 1989, nearly 35 years ago. In his bid, Fodge Sr. told the court he had been under the impression that he was eligible for parole in 2018. 

However, District 1 Magistrate Judge Justin W. Julian ruled otherwise at the Feb. 7 sentence correction hearing. Fodge Sr. was represented by public defender Catherine Enright. 

Enright told the court that her client had believed the court had changed his original indefinite sentence. However, upon reviewing the records in August 2020 at his last parole hearing, Fodge Sr. was denied parole. His next possible parole hearing is in October 2025. 

At last week’s hearing, Julian ruled that if Fodge Sr. had wished to seek Rule 35, he should have made the motion decades ago within 120 days after his 1989 sentencing. A Rule 35 motion allows a defendant to argue for a lesser sentence after it has been handed down by a judge.