CHARLESTON, W.Va. — The state Parole Board has deferred a final decision on the parole of former Putnam County resident Joseph Lavigne Jr, who has served more than 20 years in prison after being convicted of the rape of his 5-year-old daughter.
But the panel left open a possibility that Lavigne could be released as soon as late October, pending the completion of a home plan that explains practical matters such as where he would live and what he would do for employment.
Lavigne’s parole hearing was this afternoon at the Huttonsville Correctional Center, where he has been serving his 22- to 60-year sentence.
Lavigne’s daughter, Katie Haught Kelly, was one of those who addressed the panel in his support today. She has said publicly that she doesn’t believe he was the one who raped her.
Lavigne was released from prison in 2012 after Putnam Circuit Judge O.C. Spaulding overturned his 1996 conviction and ordered a new trial. The state Supreme Court then overruled Spaulding and ordered Lavigne to be sent back to prison.
Now, the Parole Board anticipates a quick turnaround on the submission of a final home rule plan, said Lawrence Messina, spokesman for the state Division of Military Affairs and Public Safety.
The home plan would be reviewed by Parole Services, which is part of the Division of Corrections and supervises parolees. Parole Services would then recommend whether the board should accept the plan.
The Parole Board estimates that Lavigne could be released by Oct. 25 if the plan is approved.
If the plan is approved, then Lavigne would be placed under the terms of supervision for sex offenders. The terms include being barred from being around minors.
Others who addressed the Parole Board in support of Lavigne included his lawyer, the relative who was granted custody of his children and two representatives of the West Virginia University College of Law Innocence Project clinic.