BURLINGTON, VT – After more than four years, a long-delayed misdemeanor domestic and sexual assault case is finally headed to trial, at least if the prosecution signs off.
Monday, in a status conference hearing at Chittenden County’s Costello Courthouse, Judge John L. Pacht finally set a tentative trial date for the four and a half year old case for May 5, and still requires approval from the lead prosecutor Susan Hardin, who was absent because of illness.
The accused is facing two misdemeanor charges, one for first degree aggravated domestic assault and one for sexual assault without consent.
Defense attorney Cabot Teachout requested a special sexual violence questionnaire for the jury selection, which Judge Pacht has concerns with because of the timeframe of the already prolonged case.
Judge Pacht acknowledged that special jury questionnaires are typically more useful in child sex abuse cases but was concerned about whether there would be time for one in this case.
“I really want to set a trial date today. If I don’t try now, I don’t know when we’re going to try it,” said the judge, adding the case is four and a half years old, and is the oldest non-homicide case yet to be tried by the court.
Judge Pacht does not yet know the approximate number of potential jurors for this case—another reason why he did not believe there would be time for the questionnaire.
Deputy State Attorney Jacqueline Whitman filled in for Attorney Hardin, and did not express any concern with the tentative trial date. Judge Pacht set a status conference for next week, where the trial date will hopefully be confirmed if Attorney Hardin is able to appear in court.
