By Jojo Kofman
BURLINGTON, VT – During an arraignment Friday here in Chittenden County Superior Court, Judge Gregory Rainville set bail at $1,200 total for a mother of three, after acknowledging the accused has no income or employment.
The accused’s arraignment was set to resolve two cases of misdemeanor retail theft and a failure to appear. Deputy Public Defender William Kidney confirmed during the hearing the accused was undergoing serious surgery the day she received the FTA, and had called the court the day that day.
Proceedings began with Judge Rainville reviewing the accused’s conditions of release, in which he imposed 250 feet stay away orders from LL Bean and Home Depot, where the retail thefts allegedly occurred.
Deputy District Attorney Ryan Richards, who appeared online, requested contact with the accused’s probation officer as part of the accused’s conditions of release, to which Judge Rainville agreed.
Judge Rainville asked the accused’s probation officers, who were present online, “What can you tell us about the accused’s performance on probation?” The probation officers told the court the accused had zero compliance on probation.
In response to the probation officers’ description of the accused’s performance on probation, Judge Rainville ordered a hold without bail on all four dockets until the accused’s next court hearing.
DPD Kidney interjected, asking if the court would impose conditions of release as an alternative to detainment since all of the accused’s cases are non-violent misdemeanors, arguing, “I don’t think the court can issue a hold without bail here.”
And, in opposition to the court’s characterization of the accused, DPD Kidney said the accused was present in various arraignments and had an explanation for her previous “failure to appear,” which Judge Rainville cited previously.
DPD Kidney told the court the accused called the courthouse the day of her failure to appear and explained she was in the hospital. DPD Kidney confirmed he’d received proof from the hospital that the accused underwent a serious surgery.
Continuing to argue against the hold without bail, DPD Kidney said the accused had stable housing and was currently residing at Motel 6 in Colchester, Vermont.
DPD Kidney told Judge Rainville the accused has three children, one of them one year of age, that she needs to be home to take care of, adding, “She has a history of appearing for court in the recent past, has stable housing, ties with DCF, and a reasonable reason for her failure to appear,” stated DPD Kidney.
After hearing DPD Kidney’s arguments, Judge Rainville reversed course and vacated the hold without bail for the accused, stating, “I recognize your arguments. However, the (accused) has a long record of failures to appear.”
Judge Rainville went on to describe the accused as a flight risk based on her fleeing from the police and her failure to appear.
“The accused has had many opportunities and has failed them all. She needs treatment and needs it bad,” said Judge Rainville. He then proceeded to set the accused’s bail at $1,200 and outlined the conditions of release with a 24-hour curfew at the court approved address.
DPD Kidney stepped in and asked if Judge Rainville could approve Motel 6 as her court approved address. He explained that if the accused is able to set bail, she could do her 24-hour curfew at the motel.
Judge Rainville said he needs proof that the accused is still living there, and asked, “Do they still allow her there?”
He added, “I know she has no income, I know she doesn’t work. The only income is the thefts she’s been engaging in for a long time” and proceeded to set her cases for status in 20 days.
In a last attempt to approve the accused’s housing, DPD Kidney told the judge that it’s near impossible and time consuming to get someone at the hotel to confirm the accused has housing there.
Judge Rainville responded, “(The accused) has not been credible. I cannot take her word for it; that’s just the way it is.”
