N.H. Supreme Court: Bail Should Be Reconsidered for Owen Labrie

May 12, 2016

Credit JIM COLE/AP

New Hampshire's highest court has asked a lower court to consider reinstating bail for Owen Labrie, the former St. Paul's school student convicted of having sex with an underage classmate.

The New Hampshire Supreme Court says trial Judge Larry Smukler acted within his discretion when he revoked Owen Labrie's bail after Labrie serially violated a curfew. But the court says that Labrie's bail violations don't indicate "an inclination towards further criminal conduct."

The court wrote that if Labrie's bail revocation isn't modified he'll likely serve out his year-long jail sentence before his appeal is resolved.

The court also pointed to what it said "appears to be a non-frivolous issue," whether the trial court erred by limiting Labrie's lawyers cross-examination of witness Andrew Thomson. Thomson was Labrie's roommate at St.Paul's.

Labrie's lawyer claimed Thomson also had sex with an underage student at St. Paul's but Thomson was never prosecuted.