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Some charges dropped against former state trooper

BRATTLEBORO, Vt. -- A judge has dismissed some of the charges against a former Vermont State Police trooper who had been accused of sexually assaulting a local woman.

The alleged victim of David M. Lay has recanted her story so prosecutors do not have "substantive admissible" evidence to prove the original sexual assault and domestic assault charges, wrote Vermont District Court Judge Katherine Hayes.

In a hearing earlier this year, the woman told the court investigators twisted her words to make the case against Lay. During the hearing the alleged victim testified then that she and Lay had a "rough" sex life, but that it was consensual.

The eight-page ruling means charges of sexual assault and domestic assault were dismissed. But Lay, 41, still faces a felony charge of unlawful restraint and an additional count of domestic assault.

Lay also faces two charges that he violated a relief from abuse order and two counts of violating probation. The woman has since dropped the abuse prevention orders.

"We are grateful that the judge agreed with us that the state does not even have a whisper of evidence to prove these charges," said Lay's attorney David Sleigh. "We look forward to exonerating David of the remaining charge."

In a separate case, Lay is facing two charges of obstruction of justice for allegedly asking a fellow state trooper to destroy evidence, including drug paraphernalia in his desk and cruiser.

Lay left the state police in 2004 while two internal investigations were under way against him. When he was first charged criminally he was working for a military contractor in Iraq.
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Information from: Rutland Herald, http://www.rutlandherald.com/

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