A former Jaffrey man awaiting new trial is released from jail

  • court/crime Jason Morrison

Monadnock Ledger-Transcript
Tuesday, December 04, 2018 10:39PM

A former Jaffrey man awaiting a new trial for a 2011 sexual assault conviction has been released from jail.

Jason Wilbur, 44, was released on a $25,000 unsecured appearance bond on Monday under the conditions he have no unsupervised contact with minors under the age of 18, adhere to a 9 p.m. to 7 a.m. curfew unless working, and other bail conditions.

“The court finds there is insufficient evidence of present dangerousness to lawfully detain [the defendant] under RSA 597:2,” read the bail order.

In May 2011, Wilbur was sentenced to 10 to 20 years in state prison after a jury found him guilty of assaulting a 5-6 year old relative from 2002 to 2003, but he has since successfully appealed for a new trial.

Wilbur’s request was granted in October by the New Hampshire Supreme Court. Wilbur argued that his legal representation was constitutionally deficient during the trial. 

“The cumulative impact of defense counsel’s errors is such that the defendant was prejudiced in this instance,” the opinion reads. “Defense counsel’s errors permitted the State to argue that the defendant impliedly confessed to the crime, while contemporaneously allowing the State to bolster the child’s credibility through the testimony of the CPS (Child Protective Services) worker. Given that the child’s credibility was a central issue in the case... we conclude that there is a reasonable probability that the result of the proceeding would have been different had competent legal representation been provided.”

Wilbur stated that his attorney allowed the state to assert that he intended to “beat” the charges – implying an admission of guilt. 

Wilbur also argued that his attorney should have objected to testimony provided by a Child Protective Services worker who interviewed the victim. 

Nicholas Handy can be reached at 924-7172 ext. 235 or nhandy@ledgertranscript.com.