Vikram Srimurthy '95 has appealed the sentence he received in Hanover District Court for a misdemeanor charge of sexual assault and will receive a jury trial in Superior Court.
Srimurthy was found guilty in Hanover District Court on March 8 for allegedly massaging a female student's breasts last term. Srimurthy pleaded not guilty to the charge.
He was fined $500, of which $150 was suspended pending psychiatric evaluation and compliance with any recommendations made in that evaluation.
Misdemeanor offenses in New Hampshire are tried in district courts. Defendants found guilty in district court can appeal the decision and receive a jury trial.
Charlie Buttrey, Srimurthy's attorney, said last night that an appeal creates a "de novo" hearing, in which new trial is held.
"In most criminal cases, a defendant prefers to have a case heard by a jury of his peers," Buttrey said.
Since Srimurthy has appealed his sentence, his penalties have been suspended. If he withdraws his appeal from Superior Court, then the district court verdict and sentence stand.
Buttrey said he does not yet know when Srimurthy's jury trial will be held.
Srimurthy could not be reached for comment last night.
