By MATT THACKER
A New Albany attorney was sentenced to one year in prison after a Harrison County judge threw out his plea agreement and accused him of trying to “manipulate the system.”
Anthony J. Wallingford, 39, pleaded guilty Wednesday night to class D felony sexual battery for touching a 16-year-old girl’s breasts with his hands and mouth in April 2007 in Elizabeth. Harrison County Superior Court Judge Roger Davis sentenced Wallingford to one year in prison and two years probation.
In the original plea agreement filed Aug. 8, Wallingford pleaded guilty to the same charge but could not have been sentenced to more than 120 days in jail.
Davis said he was prepared to accept the plea until he read the pre-sentencing report. In the report, a probation officer said Wallingford told her that he was “not really guilty” and that he “didn’t grab (the victim) for sexual gratification” as is required for a sexual battery conviction.
He also allegedly said, “I’m so sorry it all happened, but it ruined my life and my wife’s life more than it ruined (the victim’s life).”
Wallingford admitted in court to saying those statements but argued that he was saying he is not guilty of the class B felony criminal deviate conduct charge which was dismissed as part of the agreement.
“I was astonished how poorly I communicate,” Wallingford told the judge. “I was not trying to place blame on anyone but myself.”
Although Wallingford, Special Prosecutor David Powell, and the probation officer all asked that the plea agreement still be accepted, Davis said he could not accept the plea agreement with the defendant saying he is not guilty and showing no remorse.
“This is not waffling or equivocating. It’s outright, ‘I didn’t do it,’” Davis said, adding that an experienced attorney like Wallingford should have known better.
He then accused Wallingford of trying to “manipulate the court” to make the case drag on until the victim lost her will to continue.
He ordered the defendant and prosecutor to either reach a new agreement that night or set a date for jury trial.
After discussions for an hour and a half, Wallingford drove to his New Albany home to discuss the new agreement with his wife. When he returned after two hours, he accepted the agreement which allowed the judge discretion to impose a new sentence. Under Indiana law, the judge had the option of sentencing Wallingford to anywhere from six months to three years in prison.
During the sentencing hearing, the victim testified that the incident had a major impact on her life.
“I have a hard time trusting anybody and because of this, I’ve had to go through more misery than any 16-year-old girl should have to go through,” she said.
Her parents also testified that they had been close friends with Wallingford before the incident and that Wallingford and her father had both been drinking that night.
Afterwards, the victim said in an interview that she was pleased with the judge’s decision.
“I’m ready to get on with the rest of my life,” she said.
Powell said the family’s goal was to keep the case from going to trial because the victim is starting college this year and does not want to miss classes. However, Powell said he was prepared to go to trial if necessary. The underside of the victim’s brazier reportedly had DNA from Wallingford’s saliva on it.
Wallingford has the option to appeal the sentence but not the conviction. His attorney, James Voyles, said they will wait a couple of days before deciding whether to appeal. He would not comment further on the case.
Wallingford has been out on $24,000 cash bond since his arrest Nov. 13 and was still working in his office at 430 W. First St. in New Albany. He also has another office in Marengo.
Both parties agreed that Wallingford will almost certainly have his license to practice law suspended for a significant amount of time with the felony conviction.
Previously, Donald R. Lundberg, executive secretary of the Indiana Supreme Court Disciplinary Commission, told The Tribune that Wallingford and the judge hearing his case will have 10 days to report the conviction to them. The commission will then likely request the Supreme Court suspend Wallingford’s license to practice.
Wallingford was ordered to report to the Harrison County Jail Oct. 24.
