McALLISTER WITHDRAWS PLEA
ST. ALBANS: Former Senator Norman McAllister has filed with the court to withdraw his plea in a sexual assault charge that was intended to go to trial two weeks ago.
According to his court file, McAllister pleaded no contest “only at the end of a long day of jury selection, and under pressure from his attorneys.”
McAllister’s new lawyer, Robert Katims, wrote to the court on Friday “Defendant wishes to withdraw his plea because he is innocent of the offenses to which he plead no contest and he was pressured by his attorney at the time to plead no contest.”
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According to a statement, by prosecutor John Lavoie to the trial judge, the defense solicited the offer five days before the jury selection.
Lavoie wrote to the court, saying that the initial offer to McAllister was to dismiss the two misdemeanor charges, leaving the felony charge of sexual assault and allowing the judge to sentence McAllister to whatever he felt the case and law warranted.
On the day of the jury selection, the defense offered to the prosecution a counter agreement that McAllister would plead to the two misdemeanor counts if the felony was dropped.
“The State, after extensive consultation with the punitive victim, counteroffered a plea to two prohibited acts and a plea with an amended charge of lewd and lascivious conduct with an open sentencing following a pre-sentence investigation,” wrote Lavoie.
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That offer was later accepted by McAllister.
The state contends that McAllister does not have a right to withdraw his plea, citing case law of State vs Scelza, but that McAllister has the burden to demonstrate a “just and fair” reason that would support the withdrawal of his plea.
Lavoie said that the state and victim would both suffer if his plea is allowed to be reversed, finishing his statement to the court saying “It appears (McAllister) seeks only to delay the trial.
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