Former Vermont Senator McAllister's bid for new trial denied

A Franklin County judge has denied a request by former Republican state Sen. Norman McAllister for either acquittal or a new trial on the misdemeanor on which he was convicted following a two-day trial in July. 

McAllister, 65, of Highgate Center was found guilty of setting up his female tenant to have sex with one of his acquaintances for money to pay off her electric bill. The jury of seven men and five women acquitted McAllister of two other charges — sexual assault, which carries a potential life sentence, and another count of prohibited acts. 

McAllister's lawyer, Bob Katims, said Tuesday the defense plans to file an appeal to the Vermont Supreme Court after McAllister is sentenced. No sentencing hearing has been scheduled as of Tuesday morning. 

"We're not surprised given that we're asking the trial judge to essentially agree that he made an error during the trial," Katims said of the judge's decision. "It's rare that a motion for a judgement of acquittal or new trial is granted." 

RELATED COVERAGE: 

• McAllister defense asks for acquittal or new trial
• McAllister guilty of prohibited acts, acquitted of sexual assault
• McAllister accuser: None of relationship felt consensual

Attempts to reach Franklin County Deputy State's Attorney John Lavoie on Monday and Tuesday for reaction to the judge's decision were unsuccessful.

Katims had argued that errors by the court included allowing testimony that violated his client's right against self-incrimination, admitting evidence around a second accuser's allegations, not allowing the defense access to records regarding the woman's mental health and interactions with the Department for Children and Families, denying motions by the defense to move the trial to another county and others. State prosecutors had opposed the points in their own motion.

Judge Martin Maley ruled Monday that none of the points warranted a new trial. 

McAllister faces up to one year in prison for the conviction. Katims said once an appeal is filed, McAllister's fulfillment of the sentence would be put off until the Vermont Supreme Court makes a decision. 

"We think that there were some fundamental errors made at the trial court level, and we believe that the conviction won't stand," Katims said. "Obviously, that'll be up to the Supreme Court." 

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.