Advertisement Judge may reduce sentence of man convicted of sexual assault Wakefield man convicted of sexually assaulting 7-year-old girl in 2006 Share Shares Copy Link Copy

A judge in Ossipee is considering reducing the sentence of a man convicted of sexually assaulting a 7-year-old girl in 2006.Click here to watch News 9's report.A few days after Joshua Baud of Wakefield was sentenced on two counts of aggravated felonious sexual assault on Sept. 26, Carroll County Superior Court Judge David Garfunkel said he could reverse his own sentence.Last month Garfunkel sentenced Baud to 10 to 20 years in state prison, but according to the Carroll County attorney, he now thinks the sentence was too harsh.Many are speaking out against this potential reversal, including the mother of the victim.She said her family went through a lengthy investigation and testified at two trials. Now, she said, they have to face it all again.“Someone is being punished for something that hurt your child, and now they are turning around and want to take it back,” the victim’s mother said.Under his sentence, Baud would be eligible for parole after seven and a half years. The judge wants to reduce that sentence to six years, according to the Carroll County attorney.Defense attorney David Ruoff, who was not involved with the case, is a former prosecutor.“A decision like this is extremely rare. Clearly, Judge Garfunkel was struggling with what kind of sentence was appropriate in this case,” Ruoff said.He told News 9 he's never seen a judge make this kind of decision before.“In my 20 years of handling cases like this one, I have never seen a judge reconvene the parties to re-sentence or reduce a sentence on his own,” Ruoff said.The Carroll County attorney filed an objection, but Ruoff said there is nothing in the law that prohibits the judge from doing this.Defense motions were filed Monday in support of re-sentencing. The defense said Baud’s sentence was too harsh because he has a minimal criminal record.A local victims’ advocate group is coming forward to show its disappointment.Suzette Indelicato is a member of Starting Point, a group that provides services to victims of domestic and sexual violence throughout Carroll County. Starting Point staff said they support the victim in this case, and the judge’s original ruling should be upheld.“We want her to know that we support her and that we stand by her courage and bravery that she has had and demonstrated through this process,” Indelicato said.Baud’s motions hearing will be held Tuesday at the Carroll County Court House in Ossipee at 9 a.m.Garfunkel will hear motions from the prosecution and the defense regarding the original sentencing, and he will ultimately decide whether to reduce the sentence. It's possible that decision will not be reached on Tuesday.“Living through a rape is difficult. Reporting a rape is difficult, and reliving it through the criminal justice system is difficult. So to undermine everything the victim has been through in this case is just unspeakable,” said Lyn Schollett of the New Hampshire Domestic Violence Coalition.She said the judge’s decision could discourage other rape victims from coming forward.“When a judge makes a decision like this, it creates a tremendous disincentive for victims to report and participate in the criminal justice process,” Schollett said.Indelicato said Starting Point staff will hold a silent protest in the courthouse parking lot and in the courtroom. The staff is asking anyone who feels strongly about this case to attend.“You don't have to be an advocate to do this. You don't have to be anything but a human being that cares that justice is served,” Indelicato said.“This silent protest is an opportunity for citizens and survivors to raise their voices about the judge’s decision in this case,” Schollett said.Schollett said she is hoping for a large turnout in front of the courthouse and hopes the judge will reconsider reducing Baud’s sentence.“Best case scenario would be for the court to stand by its original sentence,” she said. “Again, victims hope that the criminal justice system will be fair and impartial and that's what they're looking for in this case.”12967056