Lawyer Argues She Shouldn’t Be Disqualified in Labrie Case

(Elizabeth Frantz/Concord Monitor via AP, Pool)

Owen Labrie is pictured speaking with his attorney Jaye Rancourt in Merrimack County Superior Court in Concord.

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Manchester Attorney Jaye Rancourt says she should be allowed to continue representing Owen Labrie in his bid for a new trial, which argues his lawyers were ineffective, because she played only a limited prior role in his defense.

Rancourt filed a motion on Friday objecting to the prosecution’s attempt to have her disqualified because she had served as local counsel for the former prep school student’s defense team led by well-known Boston attorney J.W. Carney.

According to Rancourt, the prosecution’s motion to disqualify her filed on April 26 in Merrimack County Superior Court in Concord, “is factually inaccurate and misconstrues Attorney Rancourt’s role as local counsel for Mr. Labrie both before trial and during trial.”

Before trial, the judge granted Carney’s motion to excuse the presence of local counsel from trial, Rancourt wrote. “Attorney Rancourt was not present in her capacity as counsel for Mr. Labrie during the majority of trial, did not question any witnesses, and did not argue any evidentiary matters on behalf of Mr. Labrie.

“She appeared only on a limited basis to assist with particular concerns arising during trial,” Rancourt wrote. Given her “narrow and circumscribed role,” it would be unlikely that her testimony would be needed in the matter, Rancourt wrote.

Labrie, now 20, was convicted last August of using a computer on May 30, 2014, to lure a 15-year-old girl to the attic of a building at St. Paul’s School and sexually assaulting her. He was a senior at the time and she was a freshman at the prestigious private school in Concord.

Rancourt argued that Labrie was denied his constitutional right to effective assistance of counsel because Carney failed to challenge the felony computer charge. As a result of that conviction, Labrie must register as a sex offender.

Rancourt also said Carney failed to use information that he should have known about to impeach the testimony of Labrie’s accuser. Labrie of Tunbridge, Vt., was ultimately convicted of three misdemeanor sexual assault charges, endangering the welfare of a child and certain uses of computer services prohibited.

He was sentenced to one year in jail and was released on bail pending appeal until mid-March when Judge Larry Smukler revoked his bail because Labrie violated his curfew.

Rancourt said she was already working with a Washington, D.C., law firm to “alleviate any complications that could possibly arise” from her involvement at a hearing arguing Labrie’s claim of ineffective assistance of counsel.

To that end, the firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. will be filing for permission to work in New Hampshire as co-counsel in Labrie’s case, Rancourt said.

Attorneys K. Chris Todd, Aaron M. Panner and Katherine C. Cooper will conduct discovery, depositions and any hearings with the assistance of Rancourt if the judge agrees to allow her to continue representing Labrie in the matter.

“This procedure ensures that Mr. Labrie will not be deprived of the assistance of knowledgeable counsel of his choosing and also alleviates the state’s concerns regarding Attorney Rancourt’s possible role as a necessary witness in this matter,” Rancourt wrote.

Rancourt filed the motion in Merrimack County Superior Court on Friday at about 2:40 p.m., but it was not posted on the New Hampshire Court website’s list of most requested cases by the end of the day. There was also no press release issued.

There does not appear to be any consistency regarding the timing of the press releases, Rancourt told InDepthNH.org.

“At times, the release appears to happen very quickly. There have been two occasions recently where I was notified of the State’s filing of pleadings when the press contacted me for comment.

“On both occasions, I received my copy of the State’s filing after the press release and after receiving calls from the press.  It’s very difficult to explain to my clients why that occurs,” Rancourt said.

Carole Alfano, public information officer for the NH Judicial Branch, is in charge of which cases are posted as the most frequently requested by the media. She also emails the press releases, but has declined in the past to identify the recipients.

When asked why Rancourt’s motion wasn’t posted on the website on Friday, Alfano said when reached by cell phone, “I wish I could help.”

“I was away at drug court graduation. It’s been that kind of day.” She declined to listen to concerns raised by Rancourt about the timing of news releases.

“That’s all I’ve got for you,” Alfano said. “You are calling me at home and I wasn’t at work for half the day.”

Labrie’s direct appeal to the state Supreme Court has been placed on hold so the Superior Court motion arguing ineffective assistance of counsel can move forward. The state Supreme Court is proceeding on Labrie’s appeal of his bail revocation.

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