Owen Labrie could go free if trial judge thinks he learned his lesson
The New Hampshire Supreme Court put the decision on Labrie's release back in the trial judge's hands.
Owen Labrie will have a shot at release from his yearlong jail sentence, after the New Hampshire Supreme Court put the decision back in the trial judge’s hands.
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Labrie, who began serving his sentence for misdemeanor sexual assault in March after a judge found he violated his curfew, appealed the decision of Merrimack County Superior Court Judge Larry Smukler. The New Hampshire Supreme Court didn’t overturn Smukler’s decision, but instead sent the decision back to the trial court.
The justices wrote that they were concerned that Labrie could serve out the remainder of his sentence before his other appeals — including his claim of ineffective assistance of counsel — are heard.
Labrie, the St. Paul’s School graduate, was convicted in August of having sex with a 15-year-old girl in a secluded room on the Concord prep school’s campus. He was acquitted of the more serious rape charges.
With two months of jail time under his belt, Labrie may have learned his lesson, or, as the justices wrote, “impress[ed] upon the defendant the importance of strictly complying with all bail conditions.” [Emphasis, the court’s.]
Smukler could leave his decision unchanged, reinstate the same conditions — a 5 p.m. to 8 a.m. curfew — or instate new conditions.
Labrie’s defense attorney Jaye Rancourt called it a win.
Rancourt said Thursday she wasn’t sure what she’d request for bail conditions if Labrie was released. During his bail revocation hearing, she argued for less restrictive conditions that would allow Labrie to travel for educational purposes.
Labrie had been out on bail pending appeal following his October sentencing on charges of misdemeanor sexual assault, endangering a child, and a felony charge of using a computer to lure his victim. Judge Smukler ruled that Labrie violated his curfew multiple times, traveling from his Vermont home into Boston for what his attorney said were educational trips.
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