The Associated Press
RUTLAND, Vt. (AP) - Deployment of Vermont troops overseas could hinder some criminal prosecutions.
Law enforcement officers activated as part of the recent major call-up of the Vermont National Guard means they will not be around for the next 18 months to testify in cases in which they issued traffic tickets or made the arrest.
Prosecutors around the state said they were still trying to determine how many cases would be affected by the Guard’s deployment of 600 soldiers to the Middle East via a training camp in Mississippi.
However, several prosecutors said they would likely have to dismiss a few misdemeanor cases, and some traffic tickets may be tossed out, too.
“When the officer is gone, we’re kind of stuck,” said Robert Butterfield, Caledonia County state’s attorney. “It’s had us scrambling around.”
The impact of the deployment is likely going to be felt the most on misdemeanor cases when only one officer is involved in an arrest, Butterfield said. For serious offenses, he said, more officers will likely have taken part in the investigation and will be available to testify.
Attorney General William Sorrell doesn’t think the deployment will affect many cases.
“I don’t know how many officers have been activated,” the attorney general said. “I think the overall impact will be minimal.”
In Rutland County, State’s Attorney James Mongeon said about five officers were among those deployed.
“I have not filed any dismissals yet, although a couple of cases are being looked at,” he said. “It will require a case-by-case review.”
Defender General Matthew Valerio said dismissing a case and refiling it after the officer returns could pose some legal challenges. He said defense lawyers may be able to argue that such a long delay in a case could violate their client’s rights.
“Access to witnesses may be limited because they may disappear or become unavailable,” he said.
Butterfield said traffic tickets may pose a bit of a different problem, since the officer who made the stop is typically the one prosecuting the case.
Addison County State’s Attorney John Quinn said a couple Vermont State Police troopers based in Middlebury had been called up earlier this year, resulting in some cases being put on hold.
“The defense has been good, they haven’t put up a huge stink,” he said.
Should an officer’s testimony prove critical to a serious felony case, Sorrell said, there are ways to get that testimony.
“If we had a homicide case and needed the officer, we’d probably go through all kinds of steps to get the officer back,” he said.