FORT EDWARD — A Hudson Falls man who was put on probation for a felony sex offense after a mistrial was declared in his case was jailed in recent days for violating the terms of probation by not reporting social media use, officials said.
Lawrence “Ox” Loveday, 40, was jailed on a violation of probation count after the Washington County Probation Department determined he had not reported his social media accounts or an email account as required, according to Washington County District Attorney Tony Jordan.
“He was required to disclose those,” Jordan said.
Loveday is on probation for a first-degree sexual abuse conviction that stemmed from an incident where he fondled a 7-year-old child in 2015. Hudson Falls Police arrested him in September 2016, after the girl disclosed the abuse.
Loveday went to trial in the case last January.
But he got a favorable plea deal during his trial, after a juror in the case was found to have had lunch with a court staff member the first two days of proceedings, after the juror failed to disclose she knew the staffer. A standard question during jury selection is whether a prospective juror knows anyone who works in the court or criminal justice systems.
That prompted a mistrial motion by his defense lawyers with the Washington County Public Defender’s Office. Loveday had been offered a deal with a state prison sentence before trial. But in light of the mistrial, the offer was instead modified to include 10 years of probation, as the victim had already testified and prosecutors did not want to make her endure that a second time.
Washington County Probation Director Anthony White said he could not comment on a pending case.
Loveday is not listed on the state’s public sex offender registry, though he is required to regiser as part of the terms of probation. The public registry includes Level 2 and Level 3 offenders.
Loveday is due back in court before Washington County Judge Kelly McKeighan on Friday. He could face up to 7 years in state prison if McKeighan upholds the probation violation and opts to end probation.