BRATTLEBORO -- In January 2006, in the middle of a trial in Windham Superior Court Criminal Division, Marc Cartner admitted to sexually assaulting a juvenile in Jamaica.
He received a mostly suspended prison sentence and was ordered to serve an indefinite period of probation. But officials say Cartner, 46, has been unable to abide by the sex-offender conditions of that probation.
So on Monday, Judge David Suntag ordered Cartner to prison for up to three years.
"Technically, the Department of Corrections owns you for three years, less time served," Suntag said. "Whether you get out earlier than the maximum is really up to the Department of Corrections."
Cartner was ordered to report to Southern State Correctional Facility in Springfield by 3 p.m. Feb. 10.
Police had alleged that Cartner started a sexual relationship with an underage girl in late 2004. According to an affidavit at the time, the victim told investigators that "she would have sex with Cartner because she knew if she said no, that he would have sex with her anyway."
David Gartenstein, Windham County deputy state's attorney, noted that the sexual relationship resulted in the victim becoming pregnant.
"She lost the baby during the pendency of the case," Gartenstein said. "It was really just a horrible situation all around. We were in trial, and (the victim) actually ran away from the court the first day. We proceeded with trial and then reached a plea agreement at the end of the first day of the case."
That agreement called for a two- to four-year suspended prison sentence, except for 60 days that Cartner was ordered to serve.
But Gartenstein said Cartner's "performance on probation over the years has been spotty."
For example, in 2010, Cartner reportedly was ordered to jail for seven days after he was caught using a computer to have contact with a woman via a web-based dating site.
On Monday, Suntag reiterated some of the conditions of Cartner's probation from 2006.
"You were not to possess or own a computer or have access to the Internet ... without the permission of a probation officer," Suntag said. "And you were not to have a friendship or relationship with any woman who had a child unless you were directed that that was OK by your probation officer."
Authorities say Cartner recently has violated those provisions by having two computers in his home and by having a relationship with a woman who has two children.
He also was cited for driving with a suspended license, which goes against a probation condition that he stay out of legal trouble.
On Monday, Cartner entered guilty pleas to each of those violations. His probation was revoked in favor of a six-month to three-year prison sentence, of which he has credit for having already served 112 days.
If he is released prior to completing the maximum sentence, Cartner will be placed on a more-stringent furlough or parole supervision status.
"It's not hard to mess that up and be put back in (prison)," Suntag told him.
Before Monday's proceeding ended, Gartenstein stood to note that a relative of the victim in this case now is the alleged sex-assault victim of a different suspect.
"We have a situation that was created 10 years ago in this home that led to serious damage to the household," Gartenstein said. "And we now have a second child in that household who's become a victim of sexual assault."
It illustrates that sexual abuse, Gartenstein said, has a wider impact on the entire family of a victim.
"That's really a case where that's starkly in evidence," he said.
That drew a complaint from Cartner's defense attorney, Mimi Brill, who said Gartenstein's comments about an entirely separate case were not appropriate for her client's court proceeding.
"Whether or not there is a causal link is certainly debatable," Brill said.
Mike Faher can be reached at firstname.lastname@example.org or 802-254-2311, ext. 275.