NASHUA – The second trial for Jonathan Marden, the now 23-year-old Nashua man who was convicted two years ago of felony sexual assault, but was granted a new trial based on ineffective counsel, is now scheduled for January.

The New Hampshire Supreme Court earlier this year paved the way for Marden to receive a new trial by affirming – or agreeing with – a Superior Court judge’s December 2017 ruling granting Marden’s new-trial motion, in which he accused his trial attorney of not representing him effectively.

About a month later, the trial judge, now-retired Philip Mangones, denied a prosecutor’s motion to reconsider his ruling. About a month after that, in late February 2018, state Attorney General Gordon MacDonald appealed, ultimately unsuccessfully, the matter to the Supreme Court.

As for the trial timeline, newly filed documents reflect an agreement by the attorneys to conduct a trial management conference during the week of Dec. 9, which the judge will likely approve.

Jury selection is scheduled for Jan. 6, with the trial itself to begin within two weeks of the jury selection, according to the court file.

The case began nearly three years ago when police charged Marden with one count of aggravated felonious sexual assault, a Class B felony, accusing him of having sex with a then-16-year-old acquaintance, described as a former girlfriend, without her consent.

A Superior Court grand jury indicted Marden on the charge in January 2017. He has remained free on bail since then.

Marden, then represented by attorney Timothy Goulden, went to trial in early September 2017. On Sept. 8, after a three-day trial and about two and a half hours of deliberations, the jury found Marden guilty as charged.

Marden’s sentencing hearing was scheduled for December 2017, but in the meantime Judge Charles Temple granted the parties’ assented-to motion to stay the case and the hearing never took place.

Instead, Marden had already begun working with his new attorney, Donna Brown, on his motion for a new trial.

Dean Shalhoup may be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.

Newsletter