Deputy Attorney General Casey Hemmer gave a detailed explanation Friday of the evidence prosecutors would have used to convince a jury Howard was guilty, and in a plea advisory form, Howard wrote there was “sufficient evidence for jury to convict me.”

But Hemmer also told Stoker that while Howard’s behavior was “egregious” and caused the victim “a lot of suffering,” it was not a sex crime, and that’s why the attorney general’s office amended the charge to the lesser felony. Court reports said a clothes hanger had been kicked into the victim’s rectum.

“We don’t believe it’s appropriate for Mr. Howard to suffer the consequences of a sex offender,” Hemmer said. “But he still needs to be held accountable.”

Howard’s attorney, Brad Calbo, agreed with Hemmer’s recounting of the state’s evidence but said “it needs to be crystal clear … that this victim was not at any time pinned down, raped, or pinned down and subjected to any sort of forcible penetration.”

Hemmer agreed, saying the evidence didn’t support those claims.

Stoker also asked Hemmer whether prosecutors planned to argue the attack was racially motivated.