UPDATE: Judge orders Miskin to undergo psychosexual evaluation
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CORRECTION: An earlier version of this article said two charges of lewd conduct with a child under 16 were dismissed. The charges were not dismissed, they were amended to felony injury to children. The article has been updated.
REXBURG — A man accused of felony injury to children continues to deny all allegations of wrongdoing.
Garon C. Miskin entered an Alford plea Tuesday, essentially pleading guilty to two counts of felony injury to children. By entering an Alford plea, Miskin is pleading guilty based on the fact that a jury would likely find him guilty. He has not admitted to any of the allegations made against him.
“I dispute those statements and the allegations, but I understand that in Madison County if a jury heard that witness that I am likely to be convicted,” Miskin said in response to written statements made by the victims.
Miskin was originally charged with lewd conduct after allegations were made he had sexually abused two children over the space of several years. Both victims told investigators that Miskin touched them under their clothing, on their chest and groin area several times.
The plea comes as part of a plea agreement that amended two charges of felony lewd conduct with a minor under 16 to felony injury to children. A charge of sexual abuse of a minor under 16 was dismissed by the prosecution. Bonneville County Deputy Prosecutor John Dewey said he is unable to elaborate on the facts of the while it is still pending.
During the hearing, the question of whether or not Miskin should undergo a psychosexual evaluation was argued. Miskin’s defense contested that the nature of the psychosexual evaluation means he would have to admit to sex crimes that he is not being charged with, nor admitted to throughout the proceedings against him.
Dewey argued that although the amended charges do not specifically pertain to sex crimes, the evidence against Miskin does, eliciting the need for a psychosexual evaluation.
District Judge Dane Watkins did not order a psychosexual evaluation at the time of the hearing. He has since ordered Miskin to submit to the psychosexual evaluation.
Because the charges Miskin entered an Alford plea for are not sex crimes he will not be required to register as a sex offender following his sentencing which will be held on June 4.