Joseph Lavigne ordered back to jail to finish sentence
A man who was convicted of sexually assaulting his daughter, then later freed, is back in prison.
A Putnam County judge ordered Joseph Lavigne Jr. back into state custody on Tuesday. He must finish a sentence that was handed down in 1996 when he was convicted of raping his then 5-year-old daughter, Katy.
During Tuesday's hearing, the judge revoked Lavigne's bond and sent him back to prison. That was the order by the West Virginia Supreme Court last week. In it's decision, the high court ruled that then-Judge O.C. Spaulding abused his discretion when he overturned Lavigne's conviction in May 2011 and granted Lavigne a new trial. At the time, Lavigne had served more than 15 years in jail.
Lavigne will be eligible for parole in 2023. His lawyers plan to appeal.
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