A judge has revoked bail for prep school graduate Owen Labrie, who was convicted of sexually assaulting a classmate last August, after prosecutors accused him of missing his court-ordered curfew several times.
After the decision, which was made at a hearing this afternoon in Merrimack County Superior Court in Concord, N.H., Labrie was handcuffed and led out of court to Merrimack County Jail.
Merrimack County attorney Scott Murray said Labrie will be jailed and begin serving the 12-month sentence that was imposed in October but suspended during his appeal. Labrie's appeal -- which is being handled by the New Hampshire attorney general's office -- will continue, Murray said.
Defense attorney Jaye Rancourt said Labrie will stay in jail while the appeal is decided. She said he could serve the entire sentence before the decision is made.
Labrie, 20, was found guilty in August of a felony charge of using a computer to lure an underage girl into a sexual encounter, as well as three misdemeanor sexual assault charges and one misdemeanor charge of child endangerment. During the trial last year, Labrie was accused of raping a 15-year-old female student at New Hampshire's elite St. Paul's School in 2014.
While he was free on bail, he was supposed to have remained under curfew at the Tunbridge, Vermont, home of his mother between 5 p.m. and 8 a.m.
But prosecutor Catherine Ruffle said in court papers Monday that Labrie violated curfew at least eight times.
Rancourt disputed the allegations in an Objection to the Motion to Revoke Bail filed Thursday, which Rancourt provided to ABC News.
Rancourt argued that her client was meeting with his legal counsel and “pursuing educational endeavors” when he broke his court-mandated curfew. “In his attempt to make productive use of his time and at the same time maintain some degree of privacy, he violated this court’s order and for that he is sorry,” Rancourt wrote.
Judge Larry Smukler ruled today that Labrie was unlikely to abide by any conditions of release.
Before the judge’s decision, Labrie's defense attorney said he violated curfew so he could go to Boston to get documents for school work.
Rancourt explained that the state had suggested Labrie take online courses, but she said even online courses require traveling to obtain resources and meet with professors.
She said in one curfew violation, after a morning in Boston, Labrie tried to catch a 1:30 p.m. bus home. She said he arrived at the stop before 1:30 p.m. but the bus had already left. He waited for the 3:30 p.m. bus "which caused him to miss his curfew that afternoon."
But prosecutor Ruffle said a bus schedule revealed Labrie could have traveled to Boston without violating his curfew.
Labrie could have followed the curfew "if he wanted to," but "he chose not to," Ruffle said.
Rancourt said the defense asked the state to extend curfew hours for employment and school but the state would only agree if the defense provided very specific information about his hours and where he was working. The defense said Labrie could not find employment locally in Vermont because "His name is well-known," Rancourt said. "No one was willing to employ him or associate with him."
Rancourt said telling the public “where my client is at all times is not safe for him” and would cause him danger. She said Labrie has received death threats and "he’s gotten into physical scuffles with people."
Rancourt said Labrie "tried to fly under the radar" by going to Boston quietly, adding that "he’s sorry."
But Ruffle argued that Labrie was not concerned for his privacy because he granted a revealing, personal interview to "Newsweek."
"If the conditions had created a hardship ... it was his obligation to seek an amendment by court," Ruffle said. "The defendant wants to seek forgiveness... the state is asking that you hold him accountable."