Man charged with sexual assault to be re-tried

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BENNINGTON — A local man accused of child sexual and physical assault could be retried as soon as January following his mistrial this month.

Joshua Boyer, 33, is scheduled for a jury draw at the county courthouse in January, according to Vermont Superior Court records.

He is charged with multiple felonies, including repeated aggravated sexual assault on a child and aggravated sexual assault on a child resulting in serious injury.

Authorities say Boyer repeatedly sexually assaulted a teenage girl, whom he knew, at a Bennington home between the summer of 2017 and the spring of 2018. In one incident, Boyer allegedly strangled the girl when she threatened to tell on him.

Boyer, who is detained at the Marble Valley correctional facility in Rutland, is expected to return to court Monday for a bail review hearing on these charges, as well as a separate case of obstruction of justice.

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The second case involves allegations he worked with a fellow inmate, Timothy Harrington, to send the teenage girl a Facebook message with "instructions on how to 'change her story'" in the sexual and physical assault case, according to a Bennington police affidavit.

All of Boyer's pending charges are punishable by up to life in prison, with some of the penalties related to his having three previous felony convictions in Vermont, court documents show.

Superior Court Judge John Valente declared a mistrial on Nov. 8 — the third and last day of Boyer's initial trial — after receiving a report that some members of the jury supposedly discussed the case before they were permitted to do so.

Defense attorney Kate Lamson represented Boyer; Deputy State's Attorney Alex Burke prosecuted the case.

Contact Tiffany Tan at ttan@benningtonbanner.com, @tiffgtan on Twitter or 802-447-7567 ext. 122.


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