LAVIGNE BEHIND BARS Joseph Lavigne Back In State Custody To Finish Sentence
Reported by: Elizabeth Noreika
Web Producer: Jeff Morris
Reported: Nov. 27, 2012 5:27 PM EST
Updated: Nov. 28, 2012 8:27 AM EST
EYEWITNESS ONLINE WEBCAST VIDEO C L I C K T O P L A Y
, Putnam County
, West Virginia
A man convicted of raping his daughter and then freed is now back behind bars.
Joseph Lavigne Jr. was ordered back into state custody Tuesday to finish a sentence handed down in 1996 when he was convicted of raping his then 5-year-old daughter, Katy.
Katy and other family members were at Tuesday’s hearing. Just moments before that hearing, the entire family gathered in front of the Christmas tree at the Putnam County Courthouse, taking pictures to capture the last few moments together.
In Tuesday’s hearing, Putnam Circuit Judge Philip Stowers revoked Lavigne’s bond and sent him back to prison as ordered by the state Supreme Court in a decision last week. The Supreme 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 already served more than 15 years behind bars. Now after a year and half of freedom, Lavigne will finish out his original sentence.
Lavigne will be eligible for parole in 2023.
Eyewitness News caught up with Lavigne before the hearing. His daughter, Katy, did not wish to comment following the hearing. But she has said her father is not the man who raped her.
Lavigne’s lawyers plan to file a petition for a rehearing.
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