PORTSMOUTH — Four charges alleging a former Police Explorer sexually assaulted a woman in a downtown hotel should be dismissed because his right to a speedy trial was breached, after the charges were dismissed in Superior Court, said attorney Mark Ryder.

PORTSMOUTH — Four charges alleging a former Police Explorer sexually assaulted a woman in a downtown hotel should be dismissed because his right to a speedy trial was breached, after the charges were dismissed in Superior Court, said attorney Mark Ryder.



Representing Ryan Hitchings, 30, of Somersworth, Ryder petitioned Portsmouth District Court Judge Sawako Gardner on Wednesday to dismiss four misdemeanor counts of sexual assault against Hitchings. Police allege Hitchings forcibly fondled a woman at the Hilton Garden Inn after meeting her at the Asia Restaurant in Newington where he worked as a disc jockey.



Ryder provided the court with evidence showing the Superior Court dismissed four felonies alleging Hitchings committed sex crimes against the same victim, at the same location, on the same date. Seven months after those charges were dismissed for lack of a speedy trial, he said, Portsmouth police rearrested Hitchings on the misdemeanors based on no further evidence or investigation.



“These are not new charges,” he said. “They were dismissed for lack of a speedy trial and Mr. Hitchings should be allowed to live his life without this hanging over his head.”



Prosecutor Rena DiLando countered that the misdemeanors differ from the dismissed felonies because the new charges don’t allege rape. Also, she said, the new charges allege Hitchings had a different frame of mind on March 14, 2010, when the crimes are alleged to have occurred. Specifically, she said, the old charges alleged Hitchings purposely committed the crimes, while the current allegations allege he knowingly committed them.



“These are different charges,” said DiLando, who denied Hitchings’ speedy trial rights are being violated because the “clock restarted” when the new charges were filed.



“The state can not keep taking bites at the apple without some reasonable grounds for doing so,” countered Ryder.



Judge Gardner said she would take the case under advisement and issue a ruling at a later date.



A trial is scheduled for January 2012.