For several months, state Rep. Galen Fox lived with an overwhelming dread that people would find out he had been accused of a misdemeanor sex crime — fondling a woman on a flight to Los Angeles — but even after his October conviction, he did not intend to go public or resign until he spoke with Gov. Linda Lingle on Monday.

Fox said yesterday he had told Lingle privately about his arrest almost immediately after it happened on an early morning last December, when United Airlines Flight 56 landed from an overnight trip from Honolulu. He also called Lingle's office shortly after his Oct. 20 conviction and later scheduled a meeting with the governor and Lt. Gov. James "Duke" Aiona for Monday.

Fox said yesterday he knew the information would eventually come out, especially after his conviction, but he had no idea when. With the news media about to report the story on Monday, Fox said he talked with Lingle and Aiona about what he should do and the governor suggested that, while it was ultimately his choice, he should resign.

"In my heart I know I didn't do it but I'm increasingly understanding that I am guilty," Fox said.

Fox was reluctant to discuss any of the details of his conviction, but insisted he only touched his accuser on the arm for reasons he could not explain. The 27-year-old woman has not been publicly identified and has told federal prosecutors she does not want to talk about the incident with the media.

Fox, the former House Republican leader, is scheduled to be sentenced Jan. 25 in federal court in Los Angeles. Assistant U.S. Attorney Rupa Goswami, who prosecuted the case, said yesterday she did not know whether she will ask that Fox serve any prison time. He faces a maximum of six months in prison and five years supervised release. Fox's attorney, Harland Braun, said Monday that Fox would likely get a fine and probation.

Goswami said prosecutors did not take Fox's actions lightly and described what he did as having a "significant victim impact."

"The conduct is classified as 'abusive sexual contact,' so it is considered a crime with a sexual component to it and it certainly is a contact crime and it is a crime with an actual victim," Goswami said. "For all of those reasons, it's something that we charge in hopes of being able to keep airplane travel safe."

'A VERY PERSONAL CRIME'

The woman was on an aisle seat, across from her parents, and she told her mother she would be taking a sleeping pill so she could get some rest, according to an account from an FBI agent in support of the charge against Fox. She told investigators she had her seat belt fastened and an airline blanket folded on her lap.

According to the FBI account, about three hours into the flight, the woman "was awakened from her sleep by a warm sensation pressing against her crotch," and found Fox's hand on her thigh. She told the FBI she confronted Fox, who had been sitting next to her, and then told her parents and the flight crew, who moved the family to other seats.

Fox, according to investigators, admitted to reaching over to touch the woman on the hand and said he should not have been touching her. But he denied touching her crotch. The woman and Fox had apparently not spoken to each other before the incident.

"I feel like I'm in a difficult position, when she jumped up, I could see I was touching her," Fox told investigators, according to the agent's statement. "It's possible that I committed a crime."

Goswami did not want to comment specifically on the one-day trial but said the woman and Fox gave conflicting testimony.

"It's a very personal crime because obviously there's a sexual component to this," she said. "For that reason we do take it seriously and we took it all the way to trial, which certainly means that we believed that the victim was certainly credible and the judge certainly found her to be. The judge's findings were that the contact was intentional and impermissible."

Fox said yesterday he had wanted to serve out the remainder of his two-year term next year but did not plan to run for re-election even if the conviction had not become public. He said his legal case did not influence his decision to step down as minority leader in May. He also said his divorce, which he was going through at the time of the incident, did not play a role.

Fox said he believes resigning is the right thing to do and understands some of his constituents are shocked. "They deserve to be shocked," he said. "I would be, too, if I did what she said."

Brickwood Galuteria, the chairman of the Democratic Party of Hawai'i, said yesterday in a letter to the media that it is alarming the Lingle administration knew about Fox's arrest for nearly a year but did not disclose it or ask Fox to resign sooner. "Once again, the administration shows that it is more concerned about perception," he said.

Russell Pang, the governor's spokesman, said the governor waited for Fox to go through the legal process and, when asked by Fox on Monday, made it clear she felt it was appropriate he resign.

FINDING A REPLACEMENT

Lingle did not publicly ask former Rep. Brian Blundell, a Maui Republican, to resign after he was arrested last year on suspicion that he groped an undercover police officer. Blundell ran for re-election and lost, while the charge was settled after he agreed to therapy and other conditions.

Lingle, stung by problems from her recent appointment of Bev Harbin to the House, will likely use a selection process similar to the one she used to replace former Rep. Sol Kaho'ohalahala, who represented Maui, Lana'i and Moloka'i. The Lingle administration consulted with a selection committee that included Democrats before Lingle named Mele Carroll to replace Kaho'ohalahala in February. The governor did not use such a panel and bypassed the recommendations of the Democratic Party when she picked Harbin to replace former Rep. Ken Hiraki for an Iwilei, downtown and Makiki seat in September.

Lingle asked Harbin, a Democrat who joined the party after Hiraki announced his resignation, to resign after media reports that she failed to disclose state tax debts and misdemeanor criminal convictions before her appointment. Harbin has refused to do so.

The governor has 60 days from Fox's Dec. 1 resignation to name a Republican replacement, but her advisers say she will likely try to make her selection before the legislative session starts in January. Sam Aiona, the GOP chairman, said the party has already gotten telephone calls about potential appointees.

"It would be nice to have someone before the session starts," Aiona said. "It's unfortunate but we have to move on and find a replacement so he or she can serve the constituents of Waikiki."

Galuteria said Lingle did a disservice to the process with the Harbin appointment and now has another chance.

"The governor knowingly put politics above the democratic process and all of Hawai'i's residents lost," he said. "Now again is the time to look at the process, not the person, to ensure that it is conducted fairly. Democrats are encouraged that the governor has pledged be more fair in her next appointment."

'GALEN IS A GOOD MAN'

In Fox's House District 23 and at the state Capitol, people who know him were still reacting with surprise to his sudden resignation.

"I think that he was very well-liked by his constituents," said Joan Naguwa, executive director of the Waikiki Community Center. "It will be a loss to the community."

"Galen is a good man," said Les Among, who serves on the Waikiki Neighborhood Board. "He's done an awful lot of good things for our city and our economy. I'm just saddened by what has happened."

State Rep. Chris Halford, R-11th (S. Maui), went to speak with Fox in his office yesterday afternoon to hear the story directly from his Republican colleague. "With the caliber of legislative ability that he has, he's going to be missed," he said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com and Curtis Lum at culum@honoluluadvertiser.com.