Summary
The Vermont Supreme Court reviewed de novo the denial of bail under 13 V.S.A. § 7553a. The court held that conditions of release, including inpatient alcohol treatment and after-care, could reasonably prevent physical violence and remanded for the trial court to determine additional conditions.
Topics
Practice areas
Questions Presented
- Whether, under 13 V.S.A. § 7553a, conditions of release could reasonably prevent physical violence to any person so that defendant could not be held without bail.
- Whether the record established by clear and convincing evidence that defendant's release posed a threat of violence that could not be prevented through conditions of release.
Holdings
- Conditions of release could reasonably prevent physical violence, so defendant could not be held without bail under § 7553a.
- A person held without bail under § 7553a is entitled to an independent, second evidentiary hearing on the merits, conducted de novo by a single justice of the Supreme Court, subject to stipulated portions of the trial-court record.
Key quotations
“A person charged with an offense that is a felony, an element of which involves an act of violence against another person, may be held without bail when the evidence of guilt is great and the court finds, based upon clear and convincing evidence, that the person’s release poses a substantial threat of physical violence to any person and that no condition or combination of conditions of release will reasonably prevent the physical violence.” (450)
“On appeal, defendant is not contesting the trial court’s finding that the evidence of guilt is great. Therefore, both defendant and the State have stipulated to the entire record, and this appeal was a de novo review of the denial of bail based on the evidence presented below.” (450-451)
Factual background
After drinking and arguing with his girlfriend, defendant allegedly broke into her home and assaulted her and another man, breaking his girlfriend's arm and striking the other man in the head. Defendant had a history of alcohol abuse and assaultive behavior, including prior arrests for assault and driving under the influence, but had not been charged with a crime of violence for approximately four years. Before the Supreme Court's review, defendant was admitted to an inpatient alcohol-treatment facility, and the victim requested contact with him subject to restrictions in a relief-from-abuse order.
Procedural history
After defendant was arraigned on charges of aggravated domestic assault, simple assault, and burglary, the trial court initially set bail at $15,000 with conditions. The State then moved to deny release, and after a hearing the trial court found that the evidence of guilt was great and ordered defendant held without bail. Defendant appealed, and the parties stipulated to the trial-court record and agreed that the sole issue was whether conditions could reasonably prevent violence.
Remand instructions
The trial court must determine appropriate conditions of release. The conditions must include release to Maple Leaf Farm's inpatient treatment program, successful completion of the residential program, and participation in any after-care program deemed necessary by Maple Leaf Farm. The trial court may impose additional conditions in its discretion.