AUGUSTA — Eric L. Bard, charged with raping a 4-year-old girl while he babysat her, is about to get out of jail despite the objections of prosecutors.

A judge on Wednesday agreed the 24-year-old Sidney man could live at his mother’s home and receive services from community providers.

That followed a bail hearing where Gina Yamartino, one of Bard’s attorneys, sought a change in bail from the $100,000 amount set previously.

“Gina Yamartino was able to show that Eric can be safe in the community with services,” said Bard’s other attorney, Ronald Bourget.

“The state vehemently objects to someone facing a class A sexual assault against a child being on bail,” District Attorney Maeghan Maloney said after the hearing. Eighteen of the 21 charges against Bard are in the class A category, which carry maximum penalties of 30 years.

Maloney also said the state is ready to try the case. “Reports keep coming back indicating he’s competent to stand trial,” she said. “The defense objects and wants further evaluation.”

Justice Donald Marden, who also presided over a competency hearing for Bard, agreed to alter the bail. Bard has been held either at the Kennebec County jail or Riverview Psychiatric Center since his arrest in late July 2012.

While he is free, Bard is to receive services from Fullcircle Supports Inc., a Hallowell-based agency providing community support services for adults with mental health diagnoses.

Bard’s attorneys still raise the issue of their client’s competence, and Marden postponed ruling in that matter until after the defense submits another expert’s report due within 30 days.

In August, Marden ruled that Bard was competent to proceed to trial.

Bourget at that time told the judge that Bard “has a history of intellectual, social and physical limitations.”

Bard, who is 4-foot-10, keeps his head down and his face hidden with his long hair while he is in court. He is charged with gross sexual assault and unlawful sexual conduct for allegedly compelling the child to engage in sexually explicit conduct so he could photograph it. Pleas of not guilty were entered on April 14.

The Maine State Computer Crimes Unit reported finding evidence on Bard’s computer and cellphone of assaults on the girl that allegedly took place Dec. 1, 2011-to April 20, 2012, in Augusta.

Investigators focused on Bard after a woman told police about an online ad from a person interested in giving children baths, state police detective Christopher Tremblay wrote.

Bail conditions prohibit Bard from having contact with the victim or her family and from using devices that can access the Internet. He is also banned from being in any location where children congregate.

Betty Adams can be contacted at 621-5631 or:

badams@centralmaine.com

Twitter: @betadams