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BROOKE BENNETT - Aged 12 years - Vermont (USA)

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default Re: BROOKE BENNETT - Aged 12 years - Vermont (USA)

Post  Twiglet on Thu Aug 12, 2010 8:42 am

WTEN

31 July 2010

Man accused of killing niece in Vt. may have trial in Albany‎

http://www.wten.com/Global/story.asp?S=12902751

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Post  Twiglet on Thu Aug 12, 2010 8:43 am

Boston Globe

31 July 2010

Vt. man accused of killing niece wants trial moved out of state‎

http://www.boston.com/news/local/vermont/articles/2010/07/31/vt_man_accused_of_killing_niece_wants_trial_moved_out_of_state/

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Post  Twiglet on Sat Aug 14, 2010 9:38 am

Albany Times Union

3 August 2010

Lawyers cite threats for venue change‎

http://www.timesunion.com/local/article/Lawyers-cite-death-threats-for-venue-change-599657.php

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Post  Twiglet on Wed Aug 25, 2010 9:30 pm

Barre Montpelier Times Argus

20 August 2010

Prosecutors rebuff effort to limit evidence in Jacques case‎

http://www.timesargus.com/article/20100820/NEWS02/708209947/1003/NEWS02

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Post  Twiglet on Wed Aug 25, 2010 9:33 pm

Burlington Free Press

22 August 2010

Jacques case takes significant step toward trial‎

http://www.burlingtonfreepress.com/article/20100822/NEWS02/100821010/Jacques-case-takes-significant-step-toward-trial

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Post  Twiglet on Wed Aug 25, 2010 9:34 pm

Burlington Free Press

25 August 2010

Hearing scheduled in Jacques case‎

http://www.burlingtonfreepress.com/article/20100825/NEWS02/8250310/Hearing-scheduled-in-Jacques-case

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Post  Twiglet on Wed Sep 29, 2010 8:52 am

WCAX

23 September 2010

Sentencing delayed for Brooke Bennett's former stepfather‎

Sentencing has been delayed for Brooke Bennett's former stepfather.

The 12-year-old from Braintree was allegedly kidnapped, raped and murdered by her uncle, Michael Jacques, in 2008.

Bennett's former stepfather Raymond Gagnon is not charged in connection with her death, but an investigation did reveal he transported child pornography.


http://www.wcax.com/Global/story.asp?S=13203826

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Post  merlynsam on Thu Sep 30, 2010 3:11 am

WCAX

September 29, 2010

Judge to hear arguments about moving Jacques' trial

A judge will hear arguments today over whether the man charged with killing Brooke Bennett can get a fair trial in Vermont.

Michael Jacques, 44, of Randolph, is accused of kidnapping, raping and killing his 12-year-old niece in 2008. His lawyers want the trial moved to Albany, N.Y., arguing the extensive media coverage of the case will make finding an unbiased jury impossible.

Jacques' lawyers also want to change the terms of the trial. They want the death penalty off the table and are asking that any testimony about Jacques' criminal history as a sexual predator be barred at the trial.

http://www.wcax.com/Global/story.asp?S=13235786

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Post  merlynsam on Fri Oct 22, 2010 5:48 am

Vermont Public Radio

Thursday, 09/30/10 6:06am

Bennett's Parents Eager For Trial

The parents of a 12-year-old Vermont girl allegedly slain by her sex offender uncle say they're relieved to see his prosecution getting under way.

Jim Bennett and Cassandra Adams are the father and mother of Brooke Bennett, and were among more than a dozen family members and friends turning out yesterday for a hearing in the case of Michael Jacques of Randolph.

Though no trial date has been set, both said they're eager to see the case move forward after two years of legal wrangling.

One of the defendant's lawyers introduced himself to the parents before the start of the hearing in federal court, telling them he was sorry for their loss.

http://www.vpr.net/news_detail/88897/

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default Re: BROOKE BENNETT - Aged 12 years - Vermont (USA)

Post  merlynsam on Fri Oct 22, 2010 5:53 am

Burlington Free Press

Thursday, October 7, 2010

Jacques defense questions prosecutors' methods

Prosecutors illegally used an associate of murder suspect Michael Jacques as a federal “agent” to question him after his arrest and elicit potentially incriminating statements related to the killing of his 12-year-old niece, Brooke Bennett, defense attorneys allege in new court papers.

The prosecution’s work with the associate, Jacques’ attorneys contend, violated the suspect’s right to have representation when undergoing questioning.

The defense is asking Chief Judge William Sessions III to throw out Jacques’ statements or to hold a hearing about the issue. No proceeding was immediately scheduled.

The government’s alleged misconduct was disclosed in a motion to prevent prosecutors from using audio recordings, transcripts, videos and letters against Jacques, a 44-year-old convicted sex offender who is accused of abducting, raping and killing Bennett of Braintree in June 2008.

The existence of the documents and recordings remained hidden from public view until Jacques’ legal team filed its request this week.

Jacques has pleaded not guilty to a federal charge of kidnapping with death resulting. He faces the death penalty or life in prison without possibility of parole if convicted.

What Jacques is alleged to have said and written remains unclear. The 19-page motion filed in U.S. District Court in Burlington includes transcripts of some of the conversations between Jacques and a former co-worker, Michael Garcia, but most of the comments are attributed to Garcia and relate to his efforts to have Jacques share information with him.

The defense motion refers to an obstruction-of-justice inquiry against Jacques, and one exchange involves a comment from Garcia about “getting a hold of” a potential prosecution witness. Another conversation references an undisclosed proceeding involving Jacques in Arizona in 1982.

Many of the documents and recordings were filed with the court in 2009 but under seal, where they remain.

Prosecutors could use the information at Jacques’ trial “to show consciousness of guilt” about Bennett’s slaying, and, if he is convicted, at a penalty phase determining whether he should be executed to provide evidence of “post-arrest obstruction of justice,” defense attorneys wrote.

Police arrested Jacques on June 29, 2008; he was charged in federal court July 1 and appointed lawyers who specialize in death-penalty defense July 7. Garcia became a “cooperating individual and an agent of the government” July 10, after Jacques had contacted him about the case, and they met, spoke and corresponded frequently through mid-August 2008, according to the defense.

U.S. Attorney for Vermont Tristram Coffin declined to comment Thursday about the defense’s accusations.

“We’ll respond at the proper time, in a court filing,” he said.

Bennett disappeared June 25, 2008; her body was found a week later in a shallow grave near Jacques’ home in Randolph.

Federal public defender Michael Desautels and New Jersey-based death-penalty defense specialists Jean Barrett and David Ruhnke filed another motion Thursday: a request to put off Jacques’ trial until September 2011. Sessions and prosecutors have said they want the trial to begin this winter.

A hearing about trial scheduling is set for Tuesday morning in Burlington.

http://www.burlingtonfreepress.com/article/20101007/NEWS02/101007035/Jacques-defense-questions-prosecutors-methods


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default Re: BROOKE BENNETT - Aged 12 years - Vermont (USA)

Post  merlynsam on Fri Oct 22, 2010 5:55 am

NECN

Oct 8, 2010 7:08am

Vt. man seeks Sept. 2011 trial in niece's death

BURLINGTON, Vt. (AP) — Attorneys for a Vermont man facing the federal death penalty if convicted of charges he abducted and killed his niece are calling for a September 2011 trial date.

Attorneys for 44-year-old Michael Jacques (JAY-ks) of Randolph say federal prosecutors want to hold the trial early next year, but that's too soon. So they have asked a judge to push back the trial.

Jacques is charged with kidnapping, sexually assaulting and killing his 12-year-old niece, Brooke Bennett, in the summer of 2008.

The Rutland Herald says defense attorneys are also asking the court to bar from the trial testimony of a co-worker of Jacques because it was improperly gathered after criminal proceedings had begun against Jacques.

A hearing about the trial date is scheduled for next week.

http://www.necn.com/10/08/10/Vt-man-seeks-Sept-2011-trial-in-nieces-d/landing_newengland.html?&blockID=3&apID=f09b74c5904c4f5081a3e2309349a888

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Post  merlynsam on Fri Oct 22, 2010 6:00 am

Burlington Free Press

Sunday, October 10, 2010

By Adam Silverman

Prosecutors oppose Jacques delay

The trial of murder suspect Michael Jacques should go forward in February as planned, despite a defense request to delay proceedings until September 2011, federal prosecutors are arguing ahead of a hearing this week about scheduling.

Jacques, 44, a convicted sex offender from Randolph, is accused of kidnapping, raping and murdering his 12-year-old niece, Brooke Bennett of Braintree, in June 2008. The government is seeking the death penalty; Vermont does not have capital punishment, but Jacques is being tried under federal law.

In court papers and other proceedings earlier this year, lawyers discussed the likelihood of an early 2011 trial, and Chief U.S. District Judge William Sessions III tentatively scheduled the case to begin in February. But at a hearing in late September, defense lawyers said the trial date caught them by surprise, and Jacques' legal team filed a formal request last week to hold off on the case for another 11 months.

The prosecution, in a motion filed Friday in U.S. District Court in Burlington, wanted none of it.

"The Court and the government have acquiesced in the many requests from the defense for postponement of deadlines and delay. The time for trial has arrived," reads a passage of the prosecution's paperwork, written by assistant U.S. attorneys William Darrow and Craig Nolan. "Defendant's serial and ongoing requests for continuances should be rebuffed."

Bennett disappeared June 25, 2008; her body was found a week later in a shallow grave near Jacques' home. Authorities say he orchestrated his niece's kidnapping so he could sexually assault her and likely killed her to eliminate the only witness to the rape.

He has pleaded not guilty to a charge of kidnapping with death resulting, and also to two counts of possession and production of child pornography. Jacques is being held at a federal detention center in Brooklyn, N.Y.

The defense, in its motion, says the trial should not begin before September 2011 for several reasons:

The unavailability of a "core member" of the defense team, a licensed clinical social worker who specializes in the presentation of "mitigating" evidence to the jury in an effort to spare clients the death penalty. The specialist is working on another federal capital case, the defense says.

A newly filed defense effort to throw out potentially incriminating statements Jacques made while in custody.

A pending defense decision about whether to introduce expert testimony regarding whether Jacques suffered a "mental disease or defect" at the time of the crime. That could affect the punishment a jury could impose if Jacques is convicted. If he is not sentenced to death, Jacques would receive life in prison without parole.

The June marriage of one of the daughters of the defense's husband-and-wife lawyers, Jean Barrett and David Ruhnke, who specialize in death-penalty defense.

"A September trial date ... will allow all concerned the 'breathing room' needed to resolve the many difficult issues that are likely to arise over the next 11 months," the defense wrote. "This case will be difficult enough on all concerned without adding to it the pressures associated with being constantly 'under the gun' to get tasks completed and the case ready to proceed."

Sessions has set a hearing for Tuesday morning to discuss scheduling of the case.

http://www.burlingtonfreepress.com/article/20101010/NEWS02/10100323/Prosecutors-oppose-Jacques-delay#ixzz131NQslXe

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Post  merlynsam on Fri Oct 22, 2010 6:08 am

Burlington Free Press

Tuesday, October 12, 2010

By Tim Johnson

Jacques trial pushed back to September, 2011

The trial of murder suspect Michael Jacques, initially scheduled to begin in February, will be delayed until September 2011, Chief U.S. District Judge William Sessions III ruled Tuesday morning.

The decision, following an hour-long hearing in U.S. District Court in Burlington, accommodated a request by Jacques’ defense attorneys to postpone the trial until September for several reasons, including evidentiary issues. The prosecution argued for a February trial date.

Jacques, 44, was not present at the hearing. He has pleaded not guilty to charges of kidnapping, raping and killing Brooke Bennett of Braintree, his 12-year-old niece, in June 2008. If convicted, Jacques would face the death penalty, because he is being tried in federal court. Vermont does not have capital punishment.

After hearing arguments from David Ruhnke, representing Jacques, and from assistant U.S. Attorney Craig Nolan, Sessions concluded that resolving all pretrial issues before February would be difficult. He also took note of the request of an unnamed witness, also identified by Nolan as a victim, to defer the trial until after she had finished her senior year of high school.

Nolan said Bennett’s parents favored holding the trial “as soon as possible.”

Sessions set a series of deadlines for pretrial motions concerning constitutional issues and Jacques’ mental condition. Evidence about his mental state could be introduced as a mitigating factor during the penalty phase of the trial, which would occur if Jacques is convicted, and then a jury would weigh whether he should be executed or serve life in prison without chance of parole.

The judge also sought to allow enough time for pleadings regarding a defense motion to suppress throw out certain evidence, and set a deadline for disclosure of all FBI reports on the case.

Sessions said he considered the possibility of drawing selecting a jury in April and holding the trial during the summer, but he deemed that option “extraordinarily difficult.”

He ruled that jury selection for Jacques’ trial will begin Sept. 6, the Tuesday after Labor Day. The trial would begin after the jury is empanelled, a process that could take several weeks or longer.

Several issues the lawyers have argued previously are awaiting Sessions’ decisions, including whether to move the trial out of Vermont to escape the effect of pretrial publicity on potential jurors; whether the federal death penalty is constitutional; and whether the federal government has the legal authority to try the case instead of state prosecutors.

http://www.burlingtonfreepress.com/article/20101012/NEWS02/101012018/Jacques-trial-pushed-back-to-September-2011

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default Re: BROOKE BENNETT - Aged 12 years - Vermont (USA)

Post  merlynsam on Sun Oct 31, 2010 4:38 am

WCAX

October 12, 2010

Judge in Vt. sets Sept. 2011 trial in niece death

BURLINGTON, Vt. (AP) - A federal judge says a Vermont man will go on trial for his life in September next year on charges he abducted and killed his niece.

In a hearing Tuesday, attorneys for 44-year-old Michael Jacques won their argument that there wasn't time to be ready for a death penalty trial by February.

Jacques is charged with abducting, sexually assaulting and killing his 12-year-old niece Brooke Bennett of Braintree in the summer of 2008. The case is being tried in federal court and prosecutors have said they will seek the death penalty against Jacques, who has pleaded not guilty.

U.S. District Court Judge William Sessions ruled Tuesday that jury selection would begin Sept. 6 2011.

Sessions has yet to rule on a motion to move the trial out of Vermont.

http://www.wcax.com/Global/story.asp?S=13310442

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Post  merlynsam on Sun Oct 31, 2010 4:42 am

WCAX



Click here for complete coverage of the Brooke Bennett case.

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default Re: BROOKE BENNETT - Aged 12 years - Vermont (USA)

Post  Twiglet on Wed May 18, 2011 7:04 am

Burlington Free Press

5 May 2011

Judge: Jacques trial to proceed as death-penalty case‎

Federal prosecutors can seek the death penalty against Michael Jacques if a jury finds him guilty of the 2008 kidnapping and killing of his 12-year-old niece, Brooke Bennett, the judge in the case ruled Wednesday.

U.S. District Court Judge William Sessions III, in a carefully worded 79-page ruling, turned aside arguments by Jacques’ attorneys that challenged the constitutionality of the death penalty. Sessions also said prosecutors could use key evidence of Jacques’ past criminal conduct in the penalty phase of the case.

“The controlling precedent of the Second Circuit (Court of Appeals) and the Supreme Court precludes this court from holding the federal death penalty unconstitutional based upon the risk of executing the innocent,” Sessions’ ruling read in part.

The decision, more than a year in the making, was one of five rulings in the case — all favoring government positions — filed Wednesday at federal court in Burlington. The rulings, totaling 165 pages, were first reported online by the Burlington Free Press late Wednesday afternoon.

In the four other rulings, the judge:

Ö Rejected a request by Jacques to move the trial out of state. Jacques’ attorneys had argued that heavy media coverage of the case had made it impossible for an impartial jury to be seated.

Ö Ordered that prosecutors could use evidence that Jacques, while in jail following his arrest, sought out a former co-worker and tried to get him to secretly distribute evidence Jacques had fabricated that was designed to exonerate him and blame the killing on an international sex ring of pedophiles.

Ö Disagreed with Jacques’ lawyers that the government had not been specific enough in its factual presentation of the evidence against Jacques.

“The court is confident that he has been provided with detailed information pertaining to the government’s theory of the timing and nature of the relevant events,” Sessions wrote.

Ö Denied a motion by Jacques’ lawyers seeking to have the count of kidnapping with death resulting dismissed. The lawyers claimed the federal kidnapping statute was legally flawed when it was expanded to cover crimes that employed the Internet. The count is crucial because, without it, the government would not be able to seek the death penalty.

“As our society and crime in our society has become more global, the statute has been extended to encompass kidnapping offenses with a federal component, whether that is to protect foreign officials and official guests or the use of the Internet to further the commission of the offense,” Sessions wrote.

U.S. Attorney Tristram Coffin and lawyers for Jacques did not respond Wednesday to phone calls requesting comment about Sessions’ rulings. The case remains on track to go to trial in mid-September.

Jacques, 45, of East Randolph, is a convicted sex offender. He was indicted in October 2008 on charges of kidnapping Bennett and then drugging, raping and killing her. The prosecution said in August 2009 that it would seek the death penalty for Jacques.

According to police affidavits, Jacques persuaded another girl to help lure Bennett to his home and used the Internet and cellphone text messages as part of an elaborate scheme to make it appear as though his niece had run away to meet someone.

Her June 25, 2008, disappearance led to a massive search. Her body was found a week later covered with dirt in the woods a mile from Jacques’ home. The case, and later revelations about Jacques’ past, led to legislative reforms of laws dealing with child sex offenses.

Sessions heard arguments in September about the issues he decided Wednesday. The ruling regarding the death-penalty issue was the most complicated of the five decisions from Sessions.

Vermont has no death penalty in state statute. When federal prosecutors decided to pursue capital punishment in the kidnap-murder case against Donald Fell in 2001, Session initially overturned it. His ruling was reversed on appeal. Fell later was found guilty and given the death penalty; his case is on appeal.

In Wednesday’s ruling, Sessions left open the possibility he could revisit his decision allowing the government to seek the death penalty in Jacques’ case.

“This Court is unable to conclude that Jacques has met his burden on the basis of the one paragraph he devotes to the federalism argument in his briefing,” Sessions wrote. “Accordingly, the Court denies the motion to strike on these grounds, but observes that the federalism question raised by Jacques appears to remain an open one in this circuit.”

“As our society and crime in our society has become more global, the statute has been extended to encompass kidnapping offenses with a federal component, whether that is to protect foreign officials and official guests or the use of the Internet to further the commission of the offense,” Sessions wrote.

U.S. Attorney Tristram Coffin and lawyers for Jacques did not respond Wednesday to phone calls requesting comment about Sessions’ rulings. The case remains on track to go to trial in mid-September.

Jacques, 45, of East Randolph, is a convicted sex offender. He was indicted in October 2008 on charges of kidnapping Bennett and then drugging, raping and killing her. The prosecution said in August 2009 that it would seek the death penalty for Jacques.

According to police affidavits, Jacques persuaded another girl to help lure Bennett to his home and used the Internet and cellphone text messages as part of an elaborate scheme to make it appear as though his niece had run away to meet someone.

Her June 25, 2008, disappearance led to a massive search. Her body was found a week later covered with dirt in the woods a mile from Jacques’ home. The case, and later revelations about Jacques’ past, led to legislative reforms of laws dealing with child sex offenses.

Sessions heard arguments in September about the issues he decided Wednesday. The ruling regarding the death-penalty issue was the most complicated of the five decisions from Sessions.

Vermont has no death penalty in state statute. When federal prosecutors decided to pursue capital punishment in the kidnap-murder case against Donald Fell in 2001, Session initially overturned it. His ruling was reversed on appeal. Fell later was found guilty and given the death penalty; his case is on appeal.

In Wednesday’s ruling, Sessions left open the possibility he could revisit his decision allowing the government to seek the death penalty in Jacques’ case.

“This Court is unable to conclude that Jacques has met his burden on the basis of the one paragraph he devotes to the federalism argument in his briefing,” Sessions wrote. “Accordingly, the Court denies the motion to strike on these grounds, but observes that the federalism question raised by Jacques appears to remain an open one in this circuit.”


http://www.burlingtonfreepress.com/article/20110504/NEWS02/110504042/Judge-Jacques-trial-proceed-death-penalty-case?odyssey=nav%7Chead

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Post  Twiglet on Wed May 18, 2011 7:06 am

The Associated Press

5 May 2011

Judge says Vt. death penalty case can proceed‎

A federal judge says prosecutors may continue to pursue the death penalty against a convicted sex offender charged with luring his 12-year-old niece to his Vermont home with the promise of a pool party before molesting and strangling her.

Michael Jacques (jayks) is accused of kidnapping and intentionally killing seventh-grader Brooke Bennett in 2008. Brooke's body was buried near his home in Randolph, just south of Montpelier.

District Court Judge William Sessions on Wednesday also denied a defense request to move Jacques' trial out of state but says he could revisit the issue.


http://www.google.com/hostednews/ap/article/ALeqM5gl8sCfRZTlqFqpvOvsFDnV-l8pTw?docId=06b7ad04fb2947bd8d789df58acbf53c

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Post  Twiglet on Wed May 18, 2011 7:09 am

Albany Times Union

6 May 2011

Vermont death penalty trial of alleged child rapist/killer will not be moved to Albany

Defense attorneys in the case of a Vermont man accused of sexually assaulting and killing his 12-year-old niece three years ago failed in their attempt to get a federal court to move the trial to Albany from Burlington because of negative publicity there, officials said Thursday.

U.S. District Court Judge William Sessions III ruled Wednesday that the trial will stay in Burlington and gave federal prosecutors permission to seek the death penalty should a jury find Michael Jacques, 45, of East Randolph, Vt., guilty of kidnapping and killing Brooke Bennett, officials confirmed.


http://www.timesunion.com/local/article/Vermont-death-penalty-trial-of-alleged-child-1369063.php

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Post  Twiglet on Wed May 18, 2011 7:11 am

Burlington Free Press

9 May 2011

What impact will judge's decisions have in Jacques' case?‎

U.S. District Judge William Sessions III gave federal prosecutors the go-ahead to pursue the death penalty in the Michael Jacques case last week, but Sessions also threw out some evidence the government planned on using to convince a jury Jacques should be executed.

“That could be a very significant ruling,” said Deborah Denno, a Fordham University law professor whose writings about the death penalty have been cited by five sitting U.S. Supreme Court justices.

Jacques, 45, is awaiting trial in September on charges he lured his 12-year-old niece, Brooke Bennett, to his East Randolph home June 25, 2008, and then drugged, raped and killed her. Her body was found covered with dirt a week later in woods a mile from Jacques’ home, following a massive police search.


http://www.burlingtonfreepress.com/article/20110509/NEWS02/110508019/What-impact-will-judge-s-decisions-Jacques-case-?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

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Post  Twiglet on Wed May 18, 2011 7:13 am

Burlington Free Press

14 may 2011

Both sides to challenge rulings in Jacques case‎

Prosecution and defense attorneys in the Michael Jacques murder case have indicated they plan to ask a federal judge in Vermont to reconsider pretrial rulings that each side found unfavorable.

In a series of decisions earlier this month, U.S. District Court Judge William Sessions III gave federal prosecutors permission to pursue the death penalty against Jacques, who is accused of kidnapping, raping and killing his 12-year-old niece, Brooke Bennett, in June 2008.

But Sessions also threw out some evidence the government planned on using to convince a jury that Jacques, 45, should be executed. That ruling, legal experts have said, could be significant if the jury convicts Jacques, and the trial moves into a penalty phase where jurors would have to decide whether he should receive capital punishment or be incarcerated for life.

The evidence in question concerns a government allegation that Jacques tried to obstruct justice while in prison by asking a friend to plant evidence suggesting Jacques wasn't responsible for the crime, according to court papers. Prosecutors say the evidence should be admissible.


http://www.burlingtonfreepress.com/article/20110514/NEWS02/105140312/Both-sides-challenge-rulings-Jacques-case?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

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Post  merlynsam on Tue Jun 07, 2011 1:32 pm

Burlington Free Press

May. 26, 2011

Federal prosecutors appeal Jacques case ruling

Federal prosecutors will appeal a ruling throwing out evidence in the Michael Jacques murder case.

The move raises questions about whether the trial for the man accused of the June 2008 rape and killing of his 12-year-old niece, Brooke Bennett of Braintree, will go forward as scheduled in September.

Government attorneys with the U.S. Attorney's Office in Burlington filed a notice Wednesday to have the 2nd U.S. Circuit Court of Appeals in New York review a ruling from the trial-court judge, William Sessions III.

Sessions threw out some evidence the government planned on using to convince a jury that Jacques, 45, should receive the death penalty. That ruling, legal experts have said, could be significant if the jury convicts Jacques, and the trial moves into a penalty phase where jurors would have to decide whether he should be executed or incarcerated for life.

The evidence in question concerns an allegation Jacques tried to obstruct justice while in prison by asking a friend to plant evidence suggesting Jacques wasn't responsible for the crime, according to court papers. Prosecutors say the evidence should be admissible.

The government's appeal to the 2nd Circuit before the case reaches trial is the only time prosecutors can challenge evidentiary rulings. They can't appeal if they lose at a jury trial, because asking the courts to reconsider could subject a defendant to two trials for the same crime, Vermont Law School professor Cheryl Hanna said.

She said the timing of the appeals court's hearing of the Jacques appeal was uncertain, and having the trial begin as scheduled in September remained a possibility. She also said there could be delays if the court determines the issues being raised are novel, or if a hearing before the circuit court is required.

http://www.burlingtonfreepress.com/article/20110526/NEWS02/105260309/Federal-prosecutors-appeal-Jacques-case-ruling?odyssey=mod|newswell|text|FRONTPAGE|p

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Post  merlynsam on Tue Jun 07, 2011 1:37 pm

The Republic (via THE ASSOCIATED PRESS)

First Posted: May 26, 2011

US to appeal ruling in case of Vt. man charged in killing niece

BURLINGTON, Vt. — Federal prosecutors are asking an appeals court to allow them to show the suspect in the killing of his Vermont niece tried to manipulate witnesses after he had been arrested.

Forty-five-year-old Michael Jacques of Randolph could face the death penalty if he's convicted of sexually assaulting and then killing his 12-year-old Brooke Bennett in June 2008.

U.S. Court Judge William Sessions excluded from the trial an allegation Jacques asked a friend to plant evidence suggesting Jacques wasn't responsible for the crime. Prosecutors want to use the evidence during Jacques' trial.

The Burlington Free Press says prosecutors are asking the U.S. 2nd Circuit Court of Appeals to overturn that ruling.

Jacques is scheduled to go on trial in September. His lawyers have asked Sessions to move the trial out of Burlington.

http://www.burlingtonfreepress.com


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Post  Twiglet on Fri Jul 22, 2011 7:58 am

WPTZ The Champlain Valley

30 June 2011

Lawyers: Jacques' Trial Could Be Delayed For Years
‎Prosecutors Appeal Evidence Exclusion

Defense lawyers say the capital trial of a Randolph man charged with sexually assaulting and killing his niece could be delayed for years.

Forty-five-year-old Michael Jacques of Randolph is facing the federal death penalty for the 2008 killing of his niece Brooke Bennett.

Jacques had been scheduled to go on trial in September.

The Burlington Free Press says Jacques' attorneys say it could take years to resolve an appeal by prosecutors over a judge's ruling that excluded from trial evidence concerning an allegation that Jacques tried to obstruct justice after his arrest.


http://www.wptz.com/news/28405701/detail.html

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Post  Twiglet on Fri Jul 22, 2011 8:00 am

Burlington Free Press.

30 June 2011

Jacques murder trial postponed

‎The trial of a Randolph man accused of raping and murdering his 12-year old niece, Brooke Bennett of Braintree, has been postponed and will begin no sooner than March.

Michael Jacques, 45, was scheduled to stand trial this September in Burlington on charges that carry the death penalty. Judge William Sessions III on Thursday ordered the proceedings extended to accommodate the government’s appeal of an unfavorable pretrial ruling.


If government lawyers decide to withdraw their appeal in the next several months, the trial could begin March 1, Sessions said. If they pursue the appeal, the trial would likely be bumped back to the summer of 2012, the judge said.


http://www.burlingtonfreepress.com/article/20110630/NEWS02/110630016/Jacques-murder-trial-postponed?odyssey=mod%7Cbreaking%7Ctext%7CFRONTPAGE

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Post  Twiglet on Fri Jul 22, 2011 8:02 am

WPTZ The Champlain Valley

30 June 2011

Judge Delays Jacques' Death Penalty Trial
Trial Will Not Happen Until At Least March

A federal judge in Vermont says the death penalty trial of a Randolph man charged with sexually assaulting and killing his niece will begin no sooner than March.

Forty-five-year-old Michael Jacques of Randolph is facing the death penalty for the 2008 killing of 12-year-old Brooke Bennett.

Jacques had been scheduled to go on trial in September.

The Burlington Free Press says that during a Thursday hearing, U.S. District Court Judge William Sessions says it's possible the trial will be postponed until next summer.

The extra time is needed to resolve an appeal by prosecutors over a ruling that excluded from trial evidence Jacques tried to obstruct justice after his arrest.


http://www.wptz.com/news/28408999/detail.html

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