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U.S. NEWS Tuesday 21 February 2017

Former student in prep school sex assault wants new trial

KATHY McCORMACK question the girl further, ternet service.
Associated Press among other arguments. In her response, prosecu-
CONCORD, N.H. (AP) — A “The question now is wheth- tor Catherine Ruffle said
graduate of an elite New er those mistakes were so Melone’s interpretation is
Hampshire prep school significant that he was de- without merit. She said the
convicted of using a com- prived the quality of repre- law was enacted in 1998,
puter to lure an underage sentation every defendant at the start of wider pub-
student for sex — requiring is entitled to,” Melone said. lic use and acceptance of
him to register as a sex of- Prosecutors say the de- internet and online services
fender for life — is asking for fense hasn’t proved its as a mode of communica-
a new trial. case, and they’ve asked a tion, and it’s unreasonable
In 2015, Owen Labrie, of judge to rule on a number to think intranet communi-
Tunbridge, Vermont, was of claims before a four-day cations were exempt.
acquitted of raping a hearing is scheduled to Carney wrote that he isn’t
15-year-old classmate a start Tuesday. knowledgeable about in-
year earlier as part of “Se- If the judge orders a new ternet communications: “I
nior Salute,” a game of sex- trial, Labrie could face the did not hire an expert to
ual conquest, at St. Paul’s charges he was convicted investigate this subject be-
School in Concord. But of, but not the ones he was In this 2015 photo, Owen Labrie listens to prosecutors before be- cause it never occurred to
he was found guilty of the acquitted of. It is also pos- ing sentenced in Merrimack County Superior Court in Concord, me that it was an issue to
felony computer charge sible the prosecution could N.H. Labrie was convicted of sexually assaulting a younger prep explore.”
and several misdemeanor bring additional charges school classmate in 2014 and was sentenced to jail. A hearing Melone also argued that
counts of sexual assault or alternative theories that is scheduled to start Tuesday, Feb. 21, 2107, to determine if he the defense didn’t investi-
school should get a new trial on charges of using a computer to
and endangering the wel- were not presented previ- lure the underage student for sex and assaulting her. gate the girl’s social media
fare of a child. He was sen- ously. (AP Photo/Jim Cole, Pool) accounts and statements
tenced to a year in jail. After Labrie was convicted, she made to her dorm ad-
Now 21, he is out on ap- his lead trial lawyer, J.W. mitting sexual acts with lenge is an example of in- viser, or further question her
peal but still follows a strict Carney Jr. — who once them,” not two teenagers effective counsel. testimony. Carney wrote
curfew requiring him to be defended Boston gang- who were flirting with each The law targets a person that “there is no template”
at home between 5 p.m. ster James “Whitey” Bulger other through email and who “knowingly utilizes a for handling such a wit-
and 8 a.m. — asked the judge to set Facebook. computer on-line service, ness, saying he needed to
“He is committed to pursu- aside the guilty verdict on Carney said he couldn’t internet service, or local bul- raise serious concerns for
ing his studies and justice in the computer charge. In have known that his argu- letin board service” to lure the jury about her credibili-
his case,” his current law- court documents, Carney ment had merit until after a child for sex. Melone said ty, “but not come across as
yer, Robin Melone, said in a said the law establishing the jury returned not-guilty the charge against Labrie a bully and engender sym-
statement Friday. that charge was part of a verdicts on the rape charg- is unsupported because pathy for her.” He also said
Melone said his trial lawyers nationwide effort to pros- es. The judge disagreed emails he exchanged with he was careful on cross-ex-
were ineffective because ecute people who “would with his arguments and the student never left the amination not to open the
they failed to challenge troll the internet, trying to found his request untimely. school’s intranet server, doors for the prosecution
the computer charge and entrap children into com- Melone said his late chal- which is not an online or in- to introduce evidence.q