She said the last few days, since the Supreme Court decision, had been like a roller coaster and that their family still was in shock.
"It's been so hard," Lori said after the hearing. "We've had to relive the rape, relive the search. . ."
The high court said Spaulding's decision did not give proper weight to the prosecution's credibility, stating that Spaulding "sought instead to dismantle the theory upon which the State successfully prosecuted Mr. Lavigne."
Defense attorney Greg Ayers filed a motion in the Supreme Court Monday to stay the execution of the court's unanimous decision, but Putnam Prosecutor Mark Sorsaia said Tuesday during the hearing that the motion had been refused.
Ayers said during the hearing he intended to file a petition for another hearing.
"Joe has maintained his innocence from day one in this case," Ayers said, "throughout his trial and throughout the post conviction proceedings, and he continues to maintain his innocence."
Lori said Katie was not allowed in the courtroom for any of the previous proceedings and that on her first visit she had to watch her father being taken away. She said Lavigne being sent back to prison was "worse than death."
"When somebody dies, the suffering is done," she said. "He's still suffering and we're still suffering."
She said the family would regroup and work toward figuring out the next step. They recently met with representatives from West Virginia University's Innocence Project, a legal clinic tied to a national organization that investigates claims of incarcerated men and women who believe they are innocent.
"We're going to do anything and everything we can to bring attention to this," she said.
Joseph Lavigne was taken to Western Regional Jail Tuesday.
Contact writer Ashley B. Craig at ashley.cr...@dailymail.com or 304-348-4850.