A Concord judge has rejected Owen Labrie’s motion to set aside an illegal computer charge in the case involving the sexual assault of a then 15-year-old freshman at St. Paul’s School.
In Tuesday’s decision Judge Larry Smukler writes that the defense had plenty of time to object during the trial -- but failed to do so. The charge, which is the only felony Labrie was convicted of, states that Labrie used a computer to seduce a minor. It holds a maximum sentence of seven years in jail and mandates that Labrie register as a lifetime sex offender.
In August Labrie was convicted of multiple misdemeanor sexual assault charges but acquitted of aggravated assault.
Judge Larry Smukler also objected to the defense’s claim that the punishment of this offense outweighed the actual assault charge, which yields up to three years in jail rather than seven. But Smukler states that this will be considered during sentencing on October 29th.
However – when it comes to the lifetime sex registry mandate – Smukler says he has no choice but to abide by what is in the statue.
Labrie is currently on house arrest at his mother’s home in Vermont.