THIS ARTICLE CONTAINS SOME GRAPHIC DESCRIPTIONS THAT WOULD BE INAPPROPRIATE FOR YOUNG READERS.

LAKEPORT, Calif. – The District Attorney's Office has reached a plea agreement with an actor and model who allegedly exposed himself in public during Lakeport's annual July 4 celebration in 2006 and later was arrested again after not appearing for trial.

District Attorney Don Anderson and defense attorney Paul Swanson appeared before Judge Richard Martin on Friday morning to discuss the agreement on behalf of 44-year-old New York resident Justin Force Lazard, who was not in court for the matter.

Lazard was arrested on July 4, 2006, after several Lakeport Police officers witnessed him exposing his genitals and masturbating near the children's playground in Library Park, as Lake County News has reported.

Later that month he was charged with three misdemeanor counts – indecent exposure, annoying or molesting a child under age 18, and engaging in lewd conduct in public.

Acting Lakeport Police Chief Brad Rasmussen, the arresting officer in the case, said he and fellow officers witnessed Lazard's alleged activities, which were done in view of several witnesses, including a juvenile.

In the process of taking Lazard into custody, Lakeport Police used a Taser on him because he was resisting arrest, Rasmussen said.

Rasmussen said the District Attorney's Office did a followup investigation in the case, which resulted in the addition of the charge of annoying or molesting a child under age 18.

Lazard – who, in an unusual development, made a gift of playground equipment to Library Park in 2008 – was scheduled to appear for trial in May 2009, but didn't show up, resulting in a bench warrant being issued for his arrest.

Last March, Lazard was arrested by US Customs officials as he was entering the country after a trip to the Caribbean, as Lake County News has reported.

Anderson told Judge Martin Friday that Lazard would be pleading guilty to lewd or dissolute conduct in public, which does not automatically require registration as a sex offender, although the judge can use his discretion to impose it.

Based on a review of the penal code, if Lazard had been convicted of the indecent exposure charge, he would be required to register as a sex offender. The deal will dismiss that charge, along with the allegation of annoying or molesting a child.

Lazard is on the court's calendar for trial on Monday, Jan. 31. Martin wanted to leave that date on for the formal entry of the plea. Swanson asked for a week's delay, but Martin didn't want to put it off.

“I'll tell you what my concerns are,” said Martin, who pointed out that the case goes back to 2006 and that he believed the nature of the conduct required it should have been dealt with much earlier.

Martin also said there have been numerous scheduled court appearances where Lazard didn't show up. “I want to assure he's going to come.”

Swanson said he was willing to personally go back to Miami and accompany Lazard back to Lake County but wanted the extra week.

“What's going on in Miami that he can't be here?” asked Martin.

Swanson said that Lazard's young daughter is undergoing medical treatment there for a congenital heart defect.

Said Anderson, “We don't mind putting it off for a short time but we actually would like to have Mr. Lazard here because there are some issues with mental health.”

Martin told Swanson that Lazard needed to appear. “The concern I had was the child,” said Swanson.

Anderson told the court that as part of the agreement for Lazard's plea to engaging in lewd conduct in public, Lazard would receive three years' probation, 30 days in county jail with 30 days credit for time served, 100 hours community service which may be performed in New York where he lives, and psychiatric counseling for the length of the three-year probation period, during which regular updates on Lazard's progress are to be submitted.

Anderson said Lazard also has agreed to give $7,500 to the Lake Family Resource Center for the benefit of women and children.

Martin said one reason why he was weighing sex offender registration for Lazard was because the alleged offenses occurred in front of the Library Park playground area.

“This plea bargain does not include that,” said Swanson, who noted he wouldn't agree to that requirement.

“Well, we can confirm the trial if you wish,” said Martin.

Anderson told the court, “I don't think this amounts to a registrable sex offense,” arguing that Lazard had a mental breakdown, which Anderson said was the root cause of the issue.

He said Lazard was masturbating in public when three police officers surrounded him. Anderson said the District Attorney's Office has received letters from psychologists saying it was an unusual situation, and Lazard now seems to be performing well.

Martin asked if Lazard had prior violations. Anderson said there was a prior arrest in Monterey County about three weeks before the Lakeport arrest.

“He was not aware of what he was doing at that time,” said Anderson, noting that as far as his office knew Lazard had not reoffended, and that he was now married and had a 2-year-old daughter.

Swanson said Lazard's psychologist does not believe the issues will reoccur, and said Lazard has no proclivities for inappropriate behavior towards children.

Martin agreed not to impose a sex offender registration requirement due to Lazard's psychological breakdown. Having been the judge during Lazard's initial court appearances, Martin said Lazard's alleged actions near the playground was a particular concern for him.

Swanson said he had discussed the deal in its entirety with Lazard, and he was agreeable to the terms.

Lazard was ordered to be present for the Jan. 31 entry of plea.

DA explains reason not to take case to trial

Court documents show that Lazard was arrested in Wickenburg, Ariz., in March 2006 for first degree criminal trespass after being told to leave The Meadows treatment center, which the Wickenburg Police Department confirmed to Lake County News.

The previous arrest Anderson referred to in court occurred in Soledad, Calif., on June 15, 2006, according to Lt. Jaime Fernandez of the Soledad Police Department.

Fernandez said police received a report of a shirtless male subject standing in the drive-through of a store at a shopping center, exposing himself.

When officers arrived they found Lazard exposing his genitals. The officers told Lazard to stop and he replied that God wanted him to do it, Fernandez said.

Lazard was arrested for indecent exposure, according to Fernandez, who said Lazard later received three years of supervised probation, one year of therapy, an order not to be around children under age 18 and a $1,000 fine. That disposition also included a reduction from indecent exposure – which requires sex offender registration under Penal Code section 290 – to lewd conduct in public.

Anderson said later Friday that there had been offers back and forth between the District Attorney's Office and Swanson previously to settle the case. “The only issue was whether or not he would be a registered sex offender,” he said of Lazard.

He said he reviewed the case and during a district attorney's training this week in Costa Mesa he went over the case with some other district attorneys. “They came to the same conclusion that I did, that this should not be a registered sex offense,” Anderson said, adding the alleged offense did not include touching a child.

Anderson said Lazard has serious psychological problems that appear to be under control thanks to medication and counseling, both of which must continue, with his psychiatrist required to submit reports every three months.

“I just came to the opinion that based on all these circumstances that he didn't deserve to have to register for the rest of his life,” Anderson said.

The case previously was handled by Deputy District Attorney Ed Borg, who handles sex offense-based prosecutions and was in court looking on during the Friday morning proceedings.

While Borg could have continued on the case, “Because of the deal I preferred to do it myself,” Anderson said.

Anderson's appearance in the misdemeanor case had raised some questions about the potential for an ethical conflict and his reasons for getting involved in settling the case following discussions with Swanson, who was his second largest campaign contributor in last year's election, according to finance reports submitted through October.

Swanson donated $1,375 of the more than $23,000 Anderson raised, which Anderson said “was no small amount but it wasn't a large amount either.”

He said he has a lot of respect for Swanson but not because of the campaign.

Lazard is due to return to court on Monday morning. If he decides, as he's done in some past instances, not to appear, Anderson said a bench warrant will be issued for him.

Asked if he will retract the plea agreement if Lazard doesn't appear, Anderson said, “That I don't know,” noting he will wait to see what happens.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .