A Harlan man charged with sexual exploitation by a school employee and assault with intent to commit sexual abuse, has agreed to plead guilty to a reduced charge of assault. 73-year old Lee Gordon Nelson, a former contractor with the Harlan Community School District, entered his plea Wednesday in Shelby County District Court and will serve 45-days in jail.

District Court Judge James Heckerman said Wednesday the parties involved in the case had reached an agreement where the original charges were dropped and Nelson will not be allowed to have any contact with a minor unless with a family member. He must also have no contact with the victim in the case or her family, and may not be allowed on the Harlan Community School District grounds or school functions. All restrictions were placed for a two year term.

During the trial on Tuesday, the victim, who was in her late teens at the time the incidents occurred, took the stand and testified that from between October 2012 and February 2013, Nelson held her hand, played footsie and touched her thigh throughout private lessons held at the school district, on band trips and at Nelson’s home.

Following the state’s case on Tuesday, Defense Attorney Dave Richter motioned for acquittal, saying the state failed to show evidence of sexual exploitation, and the contract signed by Nelson to the Harlan Community School District was for an independent contractor –  not a school district employee. Before a verdict on the acquittal could be made by the judge, a plea agreement was reached between the parties. If the terms of the agreement are violated, Nelson would serve a total of 180 days in jail.

(Joel McCall/KNOD)