Owen Labrie could be released from jail after bail hearing Monday afternoon
Owen Labrie could be released from jail as early as today after the trial judge ordered a bail hearing for Monday afternoon.
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Labrie, 20, has been in the Merrimack County jail since March, after Judge Larry Smukler found that he repeatedly violated his curfew while out on bail as he appealed his convictions for misdemeanor sexual assault, endangering children and a felony charge of using a computer to lure his victim to an isolated room on campus for sex. Labrie had appealed the judge’s decision.
Last Thursday, the New Hampshire Supreme Court ordered the issue of Labrie’s bail back in the trial judge’s hands. Smukler could leave his decision unchanged, reinstate the same conditions — a 5 p.m. to 8 a.m. curfew — or instate new conditions.
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.
With two months of his yearlong sentence already served, the justices wrote that the time may have “impress[ed] upon the defendant the importance of strictly complying with all bail conditions.”
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.
Labrie is expected to be in Merrimack County Superior Court Monday afternoon. Smukler could make his decision immediately after the hearing.
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