The girl told police that Tate had sexually assaulted her 20 times, including once in a high school classroom and another time in a cemetery. If Comerford decides that Tate did violate probation, he could be made to serve some or all of the seven-year suspended jail sentence. Former Norwalk teacher convicted of sex assault may be sent back to jail. A judge has to find only that there is a preponderance of evidence that the violation was more likely to have occurred than not for the individual to be found in violation. On Tuesday, the first of two hearings was held before Judge Richard Comerford to determine whether Tate was in violation. McCarthy said he had so many violations that she did not see how probation could be of any help to him. Unlike criminal court trials where a judge or jury must find a defendant guilty beyond a reasonable doubt, the standard of evidence is much lower in a hearing on violation of probation. Gould declined to comment further on the case. After serving a year in prison, Tate was given a seven-year suspended sentence, 20 years of probation and required to resister as a sex offender for a decade.
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