JOSEPH LAVIGNE CASE Attorney For Joseph Lavigne Says He Will Likely Take Client's Case To U.S. Supreme Court
Reported by: Jeff Morris
Web Producer: Jeff Morris
Reported: Jan. 14, 2013 10:34 AM EST
Updated: Jan. 14, 2013 4:04 PM EST
EYEWITNESS ONLINE WEBCAST VIDEO C L I C K T O P L A Y
, Kanawha County
, West Virginia
The attorney for Joseph Lavigne Jr. said he is "99 percent certain" that he will ask the U.S. Supreme Court for a ruling now that the state Supreme Court has ruled it will not reconsider a decision that sent his client back to prison.
Lawyer Greg Ayers said he plans to ask the U.S. Supreme Court to look at the constitutional issue of the jury instructions in the case. Ayers said on Jan. 9 the state Supreme Court said it would not reconsider the decision to send Lavigne back to prison for the rape of his then-5-year-old daughter.
Media outlets reported that a judge in 2011 reversed Lavigne's 1996 conviction and he was released from jail after serving 15 years. Putnam County Prosecutor Mark Sorsaia appealed Spaulding's decision and then the state Supreme Court sent him back to prison to finish his 22- to 60-year sentence.