Attorneys for Owen Labrie have filed written arguments in his appeal of a judge’s decision to revoke bail.
In the brief, signed Friday, they claim Judge Larry Smukler erred by conflating two requirements for revocation – that the St. Paul’s School alum violated the conditions of his release, and that he is unlikely to abide by the terms of it going forward.
“The court failed to consider any conditions of release by which Mr. Labrie did in fact abide and failed to consider any alternative conditions or combination of conditions under which he would have been likely to abide,” wrote the lawyers, Jaye Rancourt and Jenna Bergeron.
State prosecutors have until Friday to submit a rebuttal.
Labrie, 20, of Vermont, was sent to jail March 18 after he acknowledged that he had violated a court-imposed curfew. Prosecutors said he traveled repeatedly to Boston to see a girlfriend; he said the trips were for legal and educational purposes.
Labrie was convicted of having sex with an underage student in 2014, and of endangering her welfare and using a computer to lure her into the encounter. He has appealed his convictions and asked for a new trial, alleging serious errors by his defense team.
(Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.)