Prosecutors say they have decided to retry former state Sen. Norm McAllister, whose conviction of prostituting a tenant who lived and worked on his Highgate, Vt., farm was overturned last month by the Vermont Supreme Court.
Franklin Deputy State’s Attorneys John Lavoie and Diane Wheeler, who prosecuted McAllister in the 2017 trial that led to his conviction on one misdemeanor count, say they plan to refile that charge following the high court’s ruling throwing out that conviction.
“We’re still prosecuting it,” Lavoie said on Tuesday.
Both Lavoie and Wheeler declined further comment on their decision to press ahead with the case in light of the Vermont Supreme Court’s ruling.
In overturning the conviction, the high court sent the case back to the trial court in Franklin County for a retrial.
However, immediately following the high court’s ruling, Franklin County prosecutors said they needed time to review the decision before deciding whether to pursue a new trial on the misdemeanor offense against McAllister.
The case had been set for a status conference on Wednesday to talk about how it will proceed. Due to scheduling issues, that court proceeding has been put on hold. No new date was immediately available.
Robert Katims, McAllister’s attorney, could not immediately be reached for comment.