Aug 30, 2016 2:35 PM
Chester man seeking to upend 100-year sentence for sexual assault
BRENTWOOD — A Chester man is seeking to upend a 100-year sentence for sexual assault, but state prosecutors will ask for a federal judge to throw out the lawsuit.
Since a jury in Rockingham County Superior Court convicted Gary Britton, 63, in May 2013, he has been attempting to upend his prison sentence. The 100-year sentence was given after he was convicted of sexually assaulting a young girl, according to the Union Leader.
After exhausting his appeals in state court, a federal judge cleared Britton to move forward with a writ of habeas corpus in the U.S. District Court.
Britton says that when a superior court judge allowed jurors to hear a recorded phone call Britton had with his daughter while being held at the Rockingham County Jail it violated his right to a fair trial. This phone call included Britton's daughter's opinion about the credibility of the sexual assault victim.
The argument prosecutors will have against Britton's efforts has not yet been identified but the state Attorney General's Office is planning of filing a motion for summary judgement that could end Britton's appeal.