BURLINGTON, VT – An unhoused man—speaking from jail—accused by multiple women of felony and misdemeanor stalking and harassment has been prohibited from entering the city of Burlington after he allegedly violated an abuse protection order.
In an arraignment hearing at Chittenden County Superior Court Monday, the accused, who is not from Burlington, claimed he is unfamiliar with the city’s streets and was unaware that he was violating the order.
The accused is alleged to have violated the order by appearing on Church Street, where he had been prohibited from going. He appeared in court virtually from jail. Also appearing virtually was his attorney, Deputy Public Defender Stacie Johnson.
Judge Navah C. Spero stated she had gone over the particulars of the protection order “in great detail” with the accused at a previous hearing. But, then the judge corrected herself and clarified she had actually reviewed details of a different protection order with the accused.
Still, Spero insisted the accused should have known that he was in violation, noting, “Not being from here is not an excuse.”
Deputy District Attorney Eliza Novick-Smith agreed, and added the idea the accused simply did not understand the order “strains credulity.”
DPD Johnson maintained the accused, who is unhoused and spends much of his time “walking around,” did not intentionally enter an area he was restricted from visiting. She also added the accused did not see the complaining party or come within a prohibited proximity of her.
DDA Novick-Smith asserted the incident proved the accused was either “unable to comply,” or “not prioritizing compliance,” or “actively flouting” the court’s restriction.
“In any case, court orders are not enough to keep (the complaining party) safe,” the DDA continued, urging the accused be kept in jail awaiting trial.
Regarding the complaining party, DDA Novick Smith said: “It’s hard to overstate the level of disruption in this young woman’s life.”
The accused spoke up multiple times throughout the hearing to assert he had not intended to violate the order and he became turned around while walking in downtown Burlington.
DPD Johnson requested Judge Spero not prohibit the accused from entering downtown Burlington, stating: “He’s homeless. Any resources in the area that he might want or need to access are in Burlington.”
Judge Spero asked the accused what services, if any, he relied on in Burlington. The accused said that he was not currently utilizing any of the local services targeted toward the unhoused, but that he had recently heard of some, such as the Food Shelf, and was interested.
Still, Judge Spero ultimately ruled, as an additional condition of the accused’s release, he would not be allowed to enter the city of Burlington except to keep appointments with his attorney or to appear in court.
“You said you would give me another chance,” the accused protested, referring to a previous hearing.
“This is your last chance,” Judge Spero replied. “If you violate these conditions you’ll be held in jail and you’ll have to pay bail.”
At the accused’s request, a one-time exception to the condition was allowed so that he could retrieve his personal effects, which had been confiscated by the Burlington Police Department.
“I know you used to live in Plattsburgh,” Judge Spero told the accused. “Maybe you could go back there. But you would still have to come to court here.”
The accused was released with this new condition in place.
