BURLINGTON, VT – An accused person who was hospitalized for two weeks at the University of Vermont (UVM) Medical Center has yet to be screened for treatment court eligibility, it was learned Wednesday at a status conference and arraignment at Costello Courthouse here that the accused did not attend.
The status conference was to address the two felony charges, one for aggravated assault with a deadly weapon and the other for reckless endangerment. The arraignment was for two misdemeanor charges of violation of conditions of release.
Public defender Sean Milligan requested a delay of the arraignment, citing how he just found out when he entered the courtroom the accused is currently at the UVM Medical Center. The defense continued with how the accused met with treatment officials for a follow-up, but had some issues getting the required medication, causing a lapse in the accused’s treatment.
Defense attorney Milligan added they’re putting together a plan for discharge over the next couple of days, and the “hope and goal” is for the accused to be referred to treatment court.
But, the prosecution, he said, is holding off on the referral for an evaluation.
Treatment court allows the option for the accused to be treated for their mental health issues rather than serve time in prison. Typically, the accused would’ve been contacted by the treatment center within seven days to schedule an eligibility screening upon referral by the court, the defense said.
Judge John L. Pacht said he was “concerned at the time of release” about whether or not accessing medication will be an issue for the accused, and observed the accused appeared to be stable, asking defense attorney Milligan if they had voluntarily gone to UVM Medical Center.
Attorney Milligan responded that the accused did admit themself voluntarily.
State prosecutor Eliza Novick-Smith stated they needed to confirm screening before making an offer, but would be surprised if the accused wasn’t eligible for treatment court. The accused has been at UVM Medical Center for about two weeks without a treatment court screening.
Judge Pacht concluded the status conference with an order to report back in two weeks with an update on treatment court and set the next status conference for June 6.
In the arraignment for the violation of probation charges, which was not postponed, attorney Milligan pleaded not guilty to both counts on behalf of the accused.
Judge Pacht cited concern, accepting a one-time mix-up over the medication but reiterating that it does not excuse the violations, noting, from the bench, the accused’s “clear mental health issues,” ordering that they are not allowed to be off their medication.
Judge Pacht acknowledged that the accused may not want to continue taking their medication, but highlighted that it “will make the court reconsider risk for bail considerations.”
The defense concluded that mental health services has been in close contact with the hospital staff working on a discharge plan for the accused. No court order was made for a screening to refer the accused to treatment court.
