FARMINGTON — A state prosecutor dismissed two charges against a Wilton woman Friday so the state can pursue an indictment on a charge of gross sexual assault.
Tami Ouellette, 43, was indicted on felony charges of unlawful sexual touching and visual sexual aggression against a child under age 12 in May 2015. She pleaded not guilty to the charges.
She and two co-defendants were arrested on similar charges in February 2015. Ouellette, her husband, Jamie, 38, and his girlfriend, Anna LaRochelle, 26, were accused of sexually molesting the child over several months and forcing her to watch them have sex, according to police affidavits
Assistant District Attorney Claire Andrews said the child has revealed new information which has been corroborated by other sources.
She asked that the initial charges be dismissed so she could go for a grand jury indictment on a Class A gross sexual assault charge against Ouellette. The grand jury will convene in November.
A conviction on the Class A charge is punishable by up to 30 years in prison and a fine of up to $50,000.
A conviction for unlawful sexual contact is punishable by up to 10 years in prison and a $20,000 fine.
“We’re objecting to the dismissal,” defense attorney William Maselli said in Franklin County Superior Court.
“We feel the case should go to a jury trial” that’s set to begin Monday, Sept. 26, he said.
He cited double jeopardy, equal protection and due process as factors in his objection to the dismissal.
“I don’t think I have any power to stop the state’s dismissal at this time,” Justice William Stokes said. The jury has not been sworn in. If the dismissal was requested during a trial, that is another matter, he said.
The $3,000 cash bail set for the sex charges that were dismissed was transferred to several charges of violations of conditions of release and tampering with a witness. Ouellette pleaded not guilty to those charges in August.
Andrews asked that no-contact conditions continue to be in place regarding the victim and several other people.
Ouellette is also prohibited from having contact with anyone under age 16, except for one named person with supervision.
Jamie Ouellette, formerly of Wilton, and LaRochelle of Anson, have pleaded guilty to felony unlawful sexual contact and sexual aggression earlier this month. Neither agreed with the state’s evidence, but acknowledged if it was presented to a jury they could be found guilty.
Both are waiting to be sentenced.
Jamie Ouellette has been in the Franklin County jail in Farmington since he was arrested last year.
dperry@sunjournal.com
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