Judge says impaired murder suspect understood rights

Featured

copyright the Chronicle August 30, 2017

 

by Paul Lefebvre

 

NEWPORT — Can an inebriated murder suspect understand the rights he has given up when consenting to talk to police at the time of his arrest?

In a 12-page ruling following hearings and expert testimony, Orleans County Superior Court Judge Howard VanBenthuysen has ruled he can.

The judge’s ruling derails a defense motion to suppress evidence gained when accused murderer Jeffrey Ray, 53, of Brownington waived his Miranda rights and talked to police.

Mr. Ray, who remains in custody, has pled innocent to murdering his ex-wife’s husband on May 24, 2015, in Brownington.

The judge’s ruling, which is expected to clear the way for an early trial next year, came in the face of conflicting testimony from two experts and testimony from police.

According to Judge VanBenthuysen’s “Finding of Facts,” State Police Detective Sergeant Jacob Zoen interviewed the defendant at North Country Hospital roughly an hour after the shooting.

At that initial interview, according to the court’s findings, the detective did not note “any signs or symptoms of alcohol impairment.” Mr. Ray told the detective that he understood his rights and signed the Miranda form after it had been read to him.

The interview lasted 52 minutes and, at some point, the detective did note “a slight odor of intoxicants on the defendant.”

To read the rest of this article, and all the Chronicle‘s stories, subscribe to the online edition below:

Annual online subscription

Short-term online subscription

Print subscription

(To find a particular article, search for the corresponding edition of the newspaper)

Share

Defendants can have long jail wait before trial

Featured

copyright the Chronicle July 26, 2017

 

by Joseph Gresser

 

NEWPORT — According to the U.S. and Vermont constitutions, anyone charged with a crime is entitled to a speedy trial by a jury of his or her peers. But that basic promise can’t be kept in Orleans County because of a lack of money for lawyers, judges, and other court employees, say those who know the system best.

At present, more than 40 people who have pled innocent to crimes in Orleans County Superior Court are behind bars waiting for their trial because they cannot make bail. Some have been waiting for years, and with a court that can manage only a few trials a month they may be waiting for quite a while longer.

The judge in Orleans County Superior Court, the Orleans County State’s Attorney, and the county’s public defender have different views of the situation, but all agree that the judicial system needs more resources if it hopes to break the logjam.

While a vast majority of criminal cases are settled through negotiations resulting in a plea agreement, the bail system was never intended as a means to pressure people to give up their right to a trial.

In fact, the Vermont Constitution gives a substantial amount of attention to the matter of bail. It specifically bans “excessive bail” and sets strict limits on the ability of a judge to hold a person without bail.

The two circumstances in which that is permitted are cases where the penalty is death or life imprisonment, or in acts of violence against another person. In either case, the judge has to determine that the evidence of guilt is strong.

To read the rest of this article, and all the Chronicle‘s stories, subscribe to the online edition below:

Annual online subscription

Short-term online subscription

Print subscription

(To find a particular article, search for the corresponding edition of the newspaper)

Share