State v. Kory L. George

Summary

The Vermont Supreme Court reviewed an interlocutory appeal concerning a defendant’s request for a protective order barring disclosure of statements made under a proffer agreement. The Court held that the written agreement did not prohibit disclosure of the proffer’s contents, but concluded that the trial court failed to exercise its discretion regarding the asserted safety risks to the defendant and his wife. The Court reversed and remanded for consideration of the safety-related basis for protection.

Holdings

1. The plain and unambiguous language of the written proffer agreement did not prohibit the State from disclosing the contents of George's proffer. The agreement prohibited direct use of the proffer against George in a criminal prosecution but allowed use of leads or information derived from it; disclosure to another person, standing alone, was not direct use against George.
2. The criminal division abused its discretion by failing to exercise its discretion and make adequate findings regarding George's claim that disclosure of the proffer would create a safety risk to him and his wife. The issue had to be remanded for consideration in the first instance.

Questions Presented

1. Whether the written proffer agreement prohibited the State from disclosing the contents of George's proffer to a potential codefendant.
2. Whether the criminal division abused its discretion by failing to consider George's argument that disclosure posed a credible safety risk to him and his wife.
3. Whether the interlocutory appeal presented issues concerning the admissibility or discoverability of the proffer, the propriety of a joint trial, or the trial court's authority to issue a protective order.

Disposition

reversed_and_remanded