LACONIA, N.H. (AP) – The trial of a Roman Catholic priest accused of sexually assaulting an altar boy years ago was delayed as a judge considered a request from the defense to dismiss the charges.

The trial for Rev. George Robichaud, whose first one ended with a deadlocked jury in April, was scheduled to start Wednesday.

Robichaud, 59, of Sanbornton, a former pastor of churches in Alton and Wolfeboro, is charged with aggravated felonious sexual assault and attempted aggravated felonious sexual assault.

His accuser was an altar boy at St. Anthony Church in Swanzey, where Robichaud was then pastor. The assaults are alleged to have occurred at the priest’s cottage in Sanbornton.

On Monday, the same day a jury was picked, attorneys representing Robichaud asked Judge Harold Perkins to dismiss the charges, saying that because the alleged incidents took place years ago, it would be impossible for a jury to render an informed verdict.

“There is no way we can have a fair trial,” Robichaud’s attorney, Peter Callaghan, said.

Callaghan argued that too much evidence has been damaged or lost to allow him to properly refute claims made against Robichaud. He said that the prosecution’s case relies too heavily on the victim’s testimony that has repeatedly changed even up to the “eve” of the trial.

After the first trial, jurors said that they could not convict Robichaud because of inconsistencies in the alleged victim’s recollection of his age. The altar boy is now a 33-year-old state trooper.

At that time, the defense argued that the trooper’s testimony showed his remembrance of his age fluctuated between 14, 15 and even 16 years of age. Sixteen is the age of consent.

The defense also has asked to court to make any evidence relating to alcohol inadmissible as they feel it is an attack on Robichaud’s character, rather than a valid part of the state’s case.

Callaghan described the state’s use of alcohol in the first trial as “excessive” saying they repeatedly kept “hitting us over the head with it.”

County Attorney Lauren Noether objected to the requested restrictions, saying all of the evidence and testimony were highly relevant in illustrating a relationship between the boy and priest that “evolved” and “crossed numerous boundaries” to result in the alleged illegal act.

AP-ES-07-09-03 1548EDT

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