EYEWITNESS LOCAL NEWSJOSEPH LAVIGNE UPDATE
from Eyewitness News Online
Hearing Set For Man Convicted Of Raping His Daughter
Reported by: Elizabeth Noreika
Web Producer: Elizabeth Noreika
Also Contributing: Kallie Cart, Bethany Simmons
Reported: Nov. 21, 2012 9:21 PM EST
Updated: Nov. 26, 2012 12:53 PM EST
Cross Lanes , Kanawha County , West Virginia
Joseph Lavigne Jr. said a hearing has been set for Tuesday to decide when he will go back to prison.
After serving 15 years behind bars, Lavigne was freed a year and a half ago after Putnam County Circuit Judge O.C. Spaulding said there was insufficient evidence to convict Lavigne of raping his daughter.
His daughter had fought for his release and said he never hurt her. But last week the Supreme Court reversed Spaulding's decision, saying the circuit court abused its discretion in granting Lavigne a new trial.
A hearing has been scheduled for Tuesday in Putnam County to redo Lavigne's sentence. However, his attorney is putting a petition together to ask the Supreme Court for a stay of its decision, while they work on appealing the case further.
Keep checking wchstv.com for updates.
A West Virginia man freed last year after serving 15 years in prison for raping his daughter is headed back to prison.
The State Supreme Court unanimously reversed a decision by now retired putnam county judge O-C Spaulding. Spaulding freed Joseph Lavigne, Junior last year after stating there had been insufficient evidence to convict Lavigne.
Justices have ordered Lavigne to serve the remainder of his sentence, refusing to grant him a new trial. In their decision, the high court said the circuit court abused its' discretion in granting him a new trial. They say there was sufficient evidence from which the jury could have reached their decision.
Lavigne says his daughter's rapist is still out there.
Justices have ordered Lavigne to serve the remainder of his sentence. His anticipated release date is 2025.
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