Movie and television actor Scott Bairstow pleaded guilty to second-degree assault Friday after a young victim ran into emotional and physical problems with testifying at a pending child rape trial.
The girl told police she first had sex with the actor when he was living in Mukilteo, and then three more times outside the state.
Bairstow, 33, of Los Angeles faces between three and six months in jail when he is sentenced Jan. 16. He had been scheduled for trial Monday.
But the Hollywood actor already has started serving his time.
Defense attorneys Mark Mestel of Everett and Michael Egers of Los Angeles surprisingly asked Snohomish County Superior Court Judge Linda Krese to set $10,000 bail and to allow Bairstow to go to jail immediately. Mestel escorted the defendant to the county lockup.
The attorneys hope that by the time he is sentenced, Bairstow already will have served a substantial part of his sentence.
Deputy prosecutor Janice Albert, however, said she will recommend a six-month sentence. Egers said the lawyers want to show the court there were circumstances surrounding the case that merit less than six months.
No matter what the sentence, Bairstow will wind up doing a lot less time than if he had been convicted of second-degree child rape, a crime that carries a penalty of up to eight years in prison.
The state alleged in May that Bairstow carried on a sexual relationship with a then-12-year-old girl in 1998. The girl was related to Bairstow’s wife, Albert said.
Mukilteo police obtained a court-authorized, one-party consent order to tape-record a telephone conversation in May between Bairstow and the girl. The recording contained some apparently incriminating statements by Bairstow.
When the girl suggested that she should tell somebody about an unnamed act, Bairstow told her not to, saying he would "be thrown in jail for 10 years."
Albert said the girl kept her secret for years and that it has taken a toll on her mental and physical health. She left an interview with Mestel recently and was "terrified" to return to finish it, Albert said.
The prosecutor feels strongly that the girl wouldn’t be able to go through a trial now, Albert said.
A doctor suggested that the trial be done with quickly because of her fragile state, Albert said.
"I think she indeed is that fragile," she added, explaining why she agreed to allow Bairstow to plead guilty to assault rather than child rape.
Mestel told Krese that Bairstow maintains he is innocent.
He entered an Alford plea, admitting that he might be convicted by a jury but continued to profess his innocence. The plea language says he wants to take advantage of the prosecutor’s plea offer.
Krese advised Bairstow that an Alford plea has the same effect as a guilty plea. But Egers emphasized that the assault conviction will not require Bairstow to register as a sex offender, as a child rape conviction would.
During the hearing, Bairstow stood with hands in his pockets, often quietly telling Krese that he understood the various rights he was giving up with his plea
There was some humor, too.
At one point, Krese routinely told Bairstow that as a felon he wouldn’t be able to possess or own firearms.
Loudly, he said, "What?"
Then he and all the attorneys burst into laughter.
Albert said some other alleged sexual contact with the girl may have occurred in California when she was underage, but it’s unlikely Bairstow would face prosecution there.
"I’ve talked to authorities in California, and it’s unlikely they will file charges," Albert said.
Bairstow has appeared in films including "Tuck Everlasting" and in television series as "Party of Five" and "Touched by an Angel."
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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