On Nov. 5, Johnson filed a new petition to revoke Haberstroh’s probation. The petition alleged Haberstroh had 12 pairs of women’s underwear, eight pairs of children’s underwear, sexually stimulating materials on his phone, had contact with a woman who has a child against the conditions of his probation and lied about the relationship with the woman with the child. Haberstroh’s attorney, Robert Quick, said Haberstroh purchased the underwear.

Haberstroh admitted the allegations in court on Tuesday.

Burleigh County Assistant State’s Attorney Ty Turner said Haberstroh should be resentenced to eight years in prison, with credit for time served, since the repeat probation revocations showed he wasn’t making progress.

“My concern now is the juvenile underwear being used for sexual purposes,” Turner said.

He said the two years remaining to be served on the original sentence was not enough. North Dakota law allows judges to resentence probation violators up to the maximum sentence, no matter what the original sentence.

Turner indicated prosecutors may turn to the civil commitment process at some point to keep Haberstroh in state custody.