A tentative plea agreement that could send a man to prison for up to 25 years has been reached in the case of a Blaine County resident accused of having sex with his 12-year-old niece.
Forty-seven-year-old Blake Lee Walton, charged with two counts of lewd conduct with a minor child under 16, had been scheduled for a change-of-plea hearing Monday in Blaine County 5th District Court. Judge Robert J. Elgee, however, rescheduled the hearing for Monday, Nov. 3, after Walton requested more time to review documents filed in the case.
The plea agreement is somewhat different than agreements usually reached between defendants and the Blaine County Prosecuting Attorney's Office. The agreement contains a "stipulated sentence," which is an agreed sentence between the defendant and prosecutor, rather than a "recommended sentence" submitted solely by the prosecutor.
Under the terms of the plea agreement, possible federal charges of possession of child pornography will be discontinued against Walton in exchange for his guilty plea and a stipulated sentence of 25 years in prison. Fifteen of those years would need to be served before Walton would be eligible for parole.
Public defender Kevin Cassidy said the plea agreement has been discussed with the U.S. Attorney's Office in Idaho.
"We do have their agreement on this," Cassidy said
"We're all on the same page," said Deputy Prosecuting Attorney Matt Fredback.
Elgee advised Walton that he could sentence him to the maximum of life in prison on either of the lewd conduct charges, but added that he is "not likely to deviate from the stipulation."
Walton was arrested in May after allegations surfaced that he was having sexual relations with his niece.
A probable cause affidavit, filed by Blaine County Sheriff's Detective Steve Harkins, alleges that Walton was living with the girl's family and that the sex acts occurred at the Meadow's Trailer Park south of Ketchum or later in Picabo after the family moved there.
Harkins alleged in the affidavit that Walton had forced the girl to watch pornographic videos on his laptop computer and had recorded video of the girl dancing nude. Harkins further alleged that Walton had "sexual intercourse" with the girl and pressured her into performing oral sex.
Walton remains incarcerated in the Blaine County Jail on $100,000 bond.