SEABROOK -- A disturbing the peace violation was dropped against Raymond Fowler, 33, in Newburyport District Court on Monday, provided Fowler pay $200 in court fees.

Judge Dennis Healey dropped the 2004 charge upon the recommendation of the state, according to court records, as long as Fowler pays court costs.

Fowler, out on parole for a second time for his role in the 1990 Pamela Smart murder case, was in the Massachusetts court to argue for dismissal of the violation, according to his mother, Paula Fowler of Seabrook.

The court costs were incurred because Fowler couldn't make the original court date because he was in prison at the time, said Paula Fowler.

"How can they allow him to pay when it's their fault he can't get there?" she asked.

Paula Fowler said she would pay the court costs.

The disturbing-the-peace violation stemmed from a night visit Fowler and his older brother William paid to Fowler's former girlfriend in Salisbury in June 2004.

Fowler had been on parole since April 2003, after serving 12 years on conspiracy to murder and burglary charges in connection with Gregory Smart's murder.

William Fowler was also issued a summons for disturbing the peace. The charge against him was dropped last year.

Raymond Fowler had his parole revoked. He served another year in prison for the parole violation and for a felony conviction of witness tampering, which followed the disturbing-the-peace charge.

Fowler was released last month. He now lives in an apartment in Nashua and works in construction, according to his mother. He has declined all interviews, she said.