ST. ALBANS — Former state senator Norm McAllister will be retried in April, this time on one charge, after the Vermont Supreme Court overturned his conviction on that charge due to trial errors.

The charge is prohibited acts. It alleges, specifically, that McAllister arranged for the case’s complaining witness to have sex with another man for money. A conviction on the misdemeanor charge carries a maximum punishment of one year and/or a $100 fine.

A jury convicted McAllister on that charge in July 2017, but found him not guilty of a separate prohibited acts charge and a felony sexual assault charge. Judge Martin Maley sentenced McAllister to one year’s probation, 25 days on a work crew and a sex offender assessment in Oct. 2017, after which McAllister’s defense attorney, Bob Katims, appealed the conviction to the Vermont Supreme Court.

The Supreme Court issued its ruling overturning that conviction in Nov. 2018, citing multiple legal errors in the court’s administration of that trial — for example, contradictory jury instruction.

McAllister, Katims, and the deputy state’s attorneys prosecuting the case, John Lavoie and Diane Wheeler, returned to Franklin County Superior Court Friday afternoon to work out how this new trial will proceed.

The attorneys told Judge Michael Kupersmith they’re ready for trial. It’s just a matter of scheduling that trial around their other commitments.

 

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