Joshua Blinde successfully fought a charge against him last year, and again he has that opportunity.

A jury found Mr. Blinde innocent last September of assault for allegedly causing serious injuries to 2-year-old Ava Martinez in 2006.

Mr. Blinde, 28, on Tuesday was arraigned on an unrelated charge of sexual assault. He allegedly used physical force to have sex with a woman without her consent on June 29, 2008, according to a probable cause statement filed by Det. Sgt. Shawn Collie of the Buchanan County Sheriff's Department.

Mr. Blinde was released from jail on $40,000 bond and was required to surrender his passport, among other requirements.

Judge Keith Marquart also agreed to issue a search warrant for Mr. Blinde's DNA to compare with a victim rape kit, a blanket and shorts from the alleged victim, and shorts reportedly left behind at the residence by Mr. Blinde, according to court records.

Mr. Blinde's attorney, Patrick J. Berrigan, couldn't be reached Tuesday for comment. Mr. Berrigan led Mr. Blinde's defense in the trial last year.

In that case, Mr. Blinde testified that Ava fell off a 30-inch sink when he left her alone in the bathroom to get a diaper from her room. He maintained the fall was an accident that occurred just 11 days before he was to wed Ava's mother.

Joe Blumberg can be reached at joeblumberg@npgco.com.