BRATTLEBORO — A former Townshend man who was acquitted of the most serious sex assault charge against him last month will be retried on charges the Windham County jury failed to reach a verdict on.
The attorney for defendant Marshall Parker is seeking to have him released, pending the second trial.
After hearing arguments, Windham Superior Court Judge Michael Kainen set bail at $50,000, with conditions, and as of Monday Parker was still being held at the Marble Valley Regional Correctional Facility in Rutland City.
Parker was acquitted on the most serious charge of aggravated sexual assault on a child, but the jury was undecided on the other counts of aggravated sexual assault on a child younger than 13, and lewd and lascivious conduct with a child. All are felonies.
Under Vermont law, Parker was not entitled to bail under the aggravated sexual assault on a child charge, but that charge is no longer pending against him. That charge carried a sentence of 25 years to life.
Parker’s attorney was back in court recently seeking his release to a kitchenette apartment in Rutland, where he also has a job lined up to do carpentry work.
Attorney Christopher Montgomery of Bennington said that Parker’s situation had changed with the acquittal, and that the court should review an earlier decision to have him held without bail.
“He’s been held for over four years, it’s a due process issue,” Montgomery said.
Parker will be retried on the charges that the jury failed to come to a decision, according to Windham County Deputy State’s Attorney David Gartenstein.
Gartenstein told Kainen that he learned that a majority of the jurors — eight out of 12 — voted to convict Parker on the second charge, but it wasn’t a unanimous decision, which lead to the hung jury. And he said that the “weight of the evidence continues to be great.”
Those charges carry a potential of 10 years to life.
Montgomery said that Parker had been held in prison for more than four years, and he hadn’t been convicted of anything. He suggested the state Department of Corrections use an ankle bracelet to monitor him, once he is released.
Montgomery said that Parker’s mother lives in New Hampshire and his sister in Massachusetts, and he has ties to the community.
The trial was held May 24.
Kainen said that to continue to hold Parker without bail was “inappropriate” but set bail at $50,000, with 10 percent in cash necessary.
If released, he was ordered not to have any contact with children under the age of 16, and to observe a 9 p.m. to 6 a.m. curfew. He was ordered not to come within 300 feet of his victim and others.
“He is still a risk of flight,” the judge said.