Montana massage therapist gets 40 years, with 35 suspended, for rape - Billings Gazette

[massage]

DILLON — A Dillon massage therapist who raped a former client was sentenced on Tuesday in Dillon district court to the Montana State Prison for 40 years with 35 suspended.

Randall Lee Lerman, 63, was convicted in July of felony sexual intercourse without consent of a then-20-year-old woman who had sought out the therapist to alleviate her chronic back pain.

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In handing down her judgment, District Judge Katherine Bidegaray, who appeared via video from eastern Montana, ordered Lerman to complete the prison’s sexual offender treatment program before he becomes eligible for parole.

Beaverhead County Attorney Jed Fitch said in a phone interview with The Montana Standard on Tuesday afternoon that he was partly disappointed Bidegaray did not issue a stiffer sentence. He had recommended 30 years with no suspension.

Three witnesses were allowed to testify for the prosecution on Dec. 8, the original date set for sentencing. Lerman and his public defender Ed Sheehy had objections to the proceeding, claiming potential or possible “ineffective assistance of counsel” as a result of Bidegaray conferencing in from Sidney.

The women had each testified about their massage experiences with Lerman.

On Tuesday, Fitch called three more witness — all women — who alleged they were inappropriately touched during massage sessions with Lerman. He said that he believed two of the women’s experiences met the criteria for a misdemeanor sexual assault charge, although the statute of limitations has passed.

Fitch also called victim Kelsey Stoker’s husband, as well as a probation and parole officer. He said Sheehy did not call any witnesses to take the stand.

Lerman, according to Fitch, apologized for any inconvenience that he had caused his clients.

Fitch said Lerman would be a Tier 1 sex offender, a designation indicating an individual least likely to reoffend. Lerman would be required to register as a sex offender.

Reached by phone late Tuesday afternoon, Stoker, whose testimony led to Lerman’s conviction, said she had not heard the judge’s ruling.

“I’ve done my part,” Stoker said, adding that she was no longer worried and that whatever the judge decided would “have to be right.”

Her 6-month-old son, she said, was now sitting up and laughing like crazy. Stoker said she’s staying really busy and looking forward to graduating in May from the University of Montana Western.

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