Ryan Hartman released on bail for 3rd appeal in sexsomnia case
Warning: This story contains details that some readers may find disturbing
The Ontario Superior Court will hear the latest attempt by a Brockville, Ont., man to shake a sexual assault charge.
Ryan Hartman was ordered released on bail Thursday morning by Ottawa-based Justice Robert Beaudoin, Hartman's lawyer Chris Sewrattan confirmed.
This is Hartman's third appeal following two convictions.
His defence team will now prepare written arguments, a hearing date will be scheduled, and the Crown will then submit its own written arguments ahead of the hearing.
Appealing conviction, Jordan rejection
Following an initial Ontario Court trial in 2012, an unsuccessful appeal and then a successful appeal, a second trial found Hartman pulled down a woman's pants and anally penetrated her while she was asleep on an air mattress at a house party in Spencerville, Ont., in 2011.
During the second trial, Hartman's defence tried to argue it was a case of "sexsomnia" — that he'd been asleep at the time of the assault and was unaware of what he was doing.
Hartman was found guilty by a judge in November, and then his defence launched a court challenge arguing his right to a timely trial had been violated.
The judge rejected the Jordan application and sentenced Hartman to a year in jail and three years of probation on March 20.
Hartman is appealing both the guilty verdict and the judge's rejection of the Jordan application.