Ex-girlfriend of Hollywood actor Jason Hoganson died on the day he was due to go on trial for assaulting her
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Jason Hoganson was jailed in August for attacking his ex-girlfriend, Rachel Usher, in the street and also breaching a restraining order.
The 53-year-old, who played the lead role in the the cult 1987 film Empire state, was freed from HMP Durham 19 days later, under Prime Minister Kier Starmer's measures to tackle overcrowding. He was rearrested just 48 hours later, however, on two counts of allegedly breaching a restraining order and one count of assault.
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Hide AdProsecutors said that Hoganson was suspected of sending Usher two letters while he was behind bars in August and also on September 3. He was then accused of assaulting her by slapping her cheek at her home the day after his prison release, as reported by MailOnline.
Hoganson, who has no fixed abode but is from Newcastle, denied two counts of breaching a restraining order and one of assault by beating and he was remanded in custody until his trial on October 30. On the day the trial was due to start, however, prosecutors were told that Usher had died due to reasons unrelated to the trial or her ex-partner.
Then, yesterday (Wednesday December 18), the case was listed back at Newcastle Magistrates' Court to determine whether the trial would go ahead in Usher's absence. Jonathan Stirland, prosecuting, said: “The matter was listed for trial and, on the day of trial, the Crown got news that the victim had sadly passed away. However, the Crown indicated that they were still minded to continue with the prosecution. That meant that the Crown had to get a death certificate and, I understand, an interim death certificate has been given to the court and the defence.”


Mr Sirland continued to say that Usher's statements would be used in evidence, however, Mark Styles, defending, said the trial shouldn't go ahead as Usher couldn't be cross-examined in person. He added that he had letters she'd written to Hoganson, which “undermined her credibility as a witness”.
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Hide AdDistrict Judge Paul Currer decided that the trial should still go ahead in Usher's absence, however. He said: “It's in the interest of justice for the trial to go head - it's allegations of a serious breaches of a restraining order and an offence of battery.”
Hoganson was remanded in custody to next appear for his trial at Newcastle Magistrates' Court on January 24 next year.