The Oregon Supreme Court on Thursday opened the door for a possible retrial of former Bend doctor Thomas Harry Bray, who was convicted of raping a woman on a first date in 2011.

In one of the first opinions penned by newly appointed Chief Justice Martha L. Walters, the high court vacated Bray’s conviction for various sex-related crimes, agreeing with the Court of Appeals that former Deschutes County Circuit Court Judge Stephen Tiktin erred in not enforcing a subpoena requiring Bray’s accuser to bring her computer to court on the day of her testimony.

The next step in Bray’s case is for a forensic analyst to examine the computer of his alleged victim, Jennifer Bennett.

Bennett has spoken publicly against turning over her search information. The Bulletin maintained a policy of not identifying Bennett by name because she is a victim of sexual assault before her appearance on the NBC program “Today,” in which she identified herself, as well as an on-the-record interview with The Oregonian in October 2012.

After the forensic examination, a judge will review the results and determine whether the fact that Bray did not have the contents of the computer before trial prejudiced him, Deschutes County District Attorney John Hummel said.

“If the judge determines it did, then Bray will get a new trial,” Hummel said. “If not, then his conviction will be reinstated.”

Bray, 44, was a licensed anesthesiologist who taught part time at Central Oregon Community College. He was sentenced in September 2012 to 25 years in prison for raping, sodomizing and strangling Bennett, whom he met on Match.com.

In late February 2011, the two met for drinks before returning to Bray’s downtown Bend apartment, where, Bennett told investigators, he sexually assaulted her repeatedly over a five-hour period.

He was 37 at the time, and she was 23.

Before trial, Bray’s attorney repeatedly sought computer evidence after learning Bennett told investigators she had searched online for information about Bray and the legal definition of rape.

Two other matters in Bray’s appeal are “dead,” said Deputy Attorney General Jennifer Lloyd, who argued the state’s case before the Supreme Court.

One was a question of whether Google should have been made to provide search history information.

The second involved numerous allegations of prosecutorial misconduct against former Deschutes County District Attorney Patrick Flaherty.

Bray is an inmate at Two Rivers Correctional Institution in Umatilla.

The earliest he could be released from prison is July 25, 2037.

— Reporter: 541-383-0325, gandrews@bendbulletin.com