The “sexsomnia” trial continued on Tuesday as Ryan Hartman, 38, asked the judge for his release on bail after being taken into custody on March 20 when he was sentenced to 12 months in jail.
Hartman’s new lawyer, Chris Sewrattan, launched an appeal of the sentencing that quashed an attempt to have the guilty verdict overturned. Hartman has been convicted twice of sexually assaulting Bekah D’Aoust at a Brockville Ont., house party in 2011.
Through two trials, Hartman and his counsel appealed the initial 2012 conviction, which was unsuccessful.
During the second trial, Hartman’s lawyer argued that he suffered from the mental condition “sexsomnia” and was unaware that he sexually assaulted D’Auost at the party because he was sleeping.
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Adding to the previous two appeals, Hartman’s counsel launched a constitutional challenge claiming his right to a speedy trial after his previous court dates were pushed back due to his lack of availability, according to the judge.
Hartman’s challenge was denied. Now, Hartman, with the guidance of Sewrattan, is appealing that decision, claiming the judge set too high of a threshold from the time charges were laid until a verdict came down.
On Tuesday, Sewrattan argued that Hartman should be granted bail until the appeal is heard.
“The emotional impact of this case has been devastating for everyone. Especially for the victim who has suffered the most, but Mr. Hartman has been fighting this for eight years and the threat of jail has been over his head,” said Sewrattan.
The Crown cross-examined both Hartman and his partner, Heather Childs, who has been his surety in the past.
According to the Crown, Hartman breached his bail conditions in 2015 after it was found he was growing illegal marijuana and had improperly stored a firearm. Childs did not report any of this, which the Crown questioned if she is a responsible surety.
A part of Hartman’s bail application suggests he needs to continue working because he is the sole provider for his family. Although, when asked by the Crown, Childs admitted that she is working as a personal support worker for his sister.
“The confusion with the surety was that she works but it’s a turbulent time in everyone’s life, and because of that she is working less, and the Crown was exploring if she was working or not,” said Sewrattan.
A decision on Hartman’s bail is expected on Thursday, April 4, at 9:30 a.m.