NORTH HAVERHILL — The case of a Grantham man who’s accused of sexually assaulting a former romantic partner resulted in a mistrial last week over records from a counseling session.
Michael Chamberlain, 43, was released on bail Thursday, less than two days into his trial on three counts of aggravated sexual assault as well as counts of burglary, falsifying evidence and obstructing the report of a crime. A new trial is scheduled for February.
Chamberlain is accused of breaking into a woman’s Upper Valley home the night of May 5, 2018, holding her down and sexually assaulting her. He then deleted messages he left on her phone and removed her SIM card, according to a complaint filed in Grafton County Superior Court.
The mistrial followed testimony from the victim in court, during which she mentioned that she spoke to employees at a local women’s domestic violence agency including a counselor about the alleged attack. The victim said that some of her counseling sessions focused on her inability to recall details related to the case, according to the order filed by Grafton County Superior Court Judge Lawrence MacLeod last week.
Chamberlain’s attorney, James Brooks, immediately filed a motion for access to the counseling records, but prosecutors countered that one of the counselors is unavailable and the agency might object to the release of records, according to the order.
MacLeod signed the order, noting that with the new motion, there’s not enough time for the trial to be completed fairly and justly. He wrote that the “ends of public justice would be defeated” by letting it go to a verdict.