-- Former prep school student Owen Labrie, who was convicted of sexually assaulting a classmate last August, could be set free on bail from his 12-month jail sentence after the New Hampshire Supreme Court asked the trial court that sentenced Labrie to prison for violating his curfew to reconsider its bail revocation, court documents show.
While the state Supreme Court said in an order that it respected the trial court's analysis of why Labrie's bail should be revoked, it asked the trial court judge to reconsider because, among other things, "the violations of bail conditions ... while serious, are not indicative of an inclination toward further criminal conduct." Labrie is currently in the process of requesting a new trial based upon "alleged ineffectiveness of counsel," the order states.
It will be up to the trial court to decide whether to change Labrie's bail conditions.
After he was sentenced to 12 months in prison in October, Labrie was released on bail pending an appeal. But in March, Smukler revoked Labrie's bail for missing his court-ordered curfew several times, and he was taken to a New Hampshire county jail to begin serving his sentence.
Labrie's defense attorney Jaye Rancourt filed a motion to stay the pending appeal last month "pending litigation of the issue of ineffective assistance of counsel in the trial court" and filed a motion requesting a new trial shortly thereafter.
Rancourt did not immediately respond to ABC News' request for comment.