Police: Man entered home, assaulted woman
John E. Rose, 71, pleaded not guilty in Bennington criminal court on Monday 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.
Judge David A. Howard released Rose with conditions, including that he abide by a curfew at his South Stream Road residence from 5 p.m. to 7 a.m., except for medical appointments. Rose is expected to return to court soon for a bail review hearing, where the state could argue that Rose should be held without the right to bail.
The charges stem from offenses made on or about Oct. 14 and investigated by Bennington police.
Deputy State's Attorney Alexander Burke, speaking in court on Monday afternoon, said that Rose, "in a very brazen and frankly violent attack, sexually assaulted someone who considered him a friend," walking straight into her apartment and sexually assaulting her in her own room. Burke said that Rose returned to the woman's home the next day; someone was able to stop a second sexual assault. "There could have easily been another attack," he said.
Burke asked that Rose be held without bail because of the seriousness of the offense and his criminal history: Rose was convicted of lewd and lascivious conduct with a child and sentenced in 2003 to one-to-five years, according to court records.
Defense attorney Jeffrey Rubin, representing Rose, requested that he be released with conditions pending a full hearing to review bail. Rubin said there's no indication Rose, a lifelong area resident, has had any contact with the woman since the middle of October.
Howard said the court would continue Rose's release until the court schedules a hearing to determine the weight of evidence.
Ed Damon can be reached at email@example.com, at @edamon_banner on Twitter and 802-447-7567, ext. 111.
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