Richard Payne has been found guilty of sexual molestation an indecent exposure for a July 2012 incident at NorthTown Mall.
The jury, after deliberating for roughly three hours, found Payne found guilty on charges of sexual molestation and indecent exposure.
A second strike as Payne is already a convicted sex offender; he was convicted in 2001 of molesting another young woman. Unlike most criminal trials jurors were allowed to know about Payne's previous convictions.
"Bringing up a person's prior conviction eleven years ago, you just can't get a fair trial with that many odds against you," defense attorney Dave Hearrean said. "In fact one of the jurors said 'Hey how do you expect us to give him a fair trial with all these odds stacked up against him?'"
Before closing arguments Tuesday, Payne took the stand in his own defense, claiming that he had not molesting the five-year-old girl inside the Bumpers video arcade in July 2012, saying he had gone to the mall to ponder and think after gambling away his paycheck at the Coeur d'Alene Casino earlier in the day.
He also claimed on the witness stand his confession to detectives after he was taken into custody for questioning was made because he wanted to tell them what they wanted to hear to avoid getting arrested.
"We could see from the video his sole focus was on the children. He wasn't there thinking or pondering he was there to molest a child," deputy prosecutor Patrick Johnson said.
Payne, who has not been held in custody prior to his trial, was taken into custody by deputies immediately after the verdict was read. The state legislature passed a two strikes law for sex offenders long ago which means that Payne will spend the rest of his life in prison.
"I know he and his, I call her his wife, they said their goodbyes this morning and they know probably never see each other again as long as they live," Hearrean said.
Defense attorneys said they will appeal Payne's conviction as the five-year-old victim never testified against him.