State v. Steuerwald

Summary

The Vermont Supreme Court reviewed de novo the denial of conditional release for a defendant held without bail under 13 V.S.A. § 7553a. The court concluded that clear and convincing evidence established a substantial threat of physical violence and that release to the custody of the defendant’s mother at a monastery would not reasonably prevent that threat.

Holdings

1. The proposed conditions of release to defendant's mother's care and supervision at a monastery would not reasonably prevent his threat of physical violence. Because the evidence clearly and convincingly established both a substantial threat of physical violence and the inadequacy of any proposed conditions, defendant was properly held without bail under 13 V.S.A. § 7553a.

Questions Presented

1. Whether the proposed release conditions placing defendant in his mother's care and custody at a Buddhist monastery would reasonably prevent his substantial threat of physical violence to any person under 13 V.S.A. § 7553a.

Disposition

other