Man under curfew for sexual assault charge
John E. Rose, 71, denied felony charges in Bennington criminal court on Monday.
Judge David A. Howard said during a hearing on Thursday that he would exercise his discretion and release Rose under conditions without bail.
Howard noted the seriousness of the sexual assault charge — if convicted, Rose faces a maximum life sentence — and that Rose could be ordered held without bail. Rose had not had any contact with the woman since the assault, which Howard said indicated he would follow conditions of release.
A prosecutor and attorney representing Rose had argued the weight of the evidence before Howard on Wednesday. The charges stem from offenses made on or about Oct. 14 and investigated by Bennington police.
Evidence showed that Rose entered a woman's home and compelled her to carry out sexual acts, Howard said.
Howard said there was some question whether a burglary charge would stand based on an interview with the woman, who told police a door had been left open and Rose had been at the home before without any problem.
"Regardless, it shows he entered unexpectedly without a specific invitation and forced one or more sex acts," Howard said.
Deputy State's Attorney Alexander Burke requested the court order Rose to apply for the Department of Correction's electronic monitoring and home detention program.
Defense attorney Susan Keane McManus objected, saying there is no information to support that additional supervision is necessary and that the release conditions are sufficient.
Howard granted Burke's request, saying, "it's helpful for the court to know that's an option."
Rose was convicted of lewd and lascivious conduct with a child and sentenced in 2003 to one-to-five years, according to court records.
Howard ordered Rose to not contact the woman and stay away from her residence. Rose must abide by a 4 p.m. to 10 a.m. curfew at his South Stream Road residence, with an exception for medical appointments. Howard ordered that no women are to be allowed at his home.
Rose pleaded not guilty this week to single felony counts of sexual assault, burglary into an occupied dwelling, and lewd and lascivious conduct, and a misdemeanor count of interfering with access to emergency services. He will return to court on Dec. 18.
Ed Damon can be reached at firstname.lastname@example.org, at @edamon_banner on Twitter and 802-447-7567, ext. 111.
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