Court Watch: Vermont Judge’s Decision Sparks Debate on Bail for Mentally Ill Defendant

BURLINGTON, VT – On Thursday, Judge Timothy C. Doherty described his decision to strike a $1,000 bail for a homeless woman with mental health challenges as a “close call,” despite both the defense and prosecution agreeing that bail was unnecessary.

Judge Doherty noted the woman’s prior record, which included several misdemeanors and one felony. She was being held on $1,000 bail stemming from a previous failure to appear in court.

Public Defender Joshua S. O’Hara argued that his client posed no flight risk and attributed her prior nonappearance to the compounded difficulties of homelessness and mental illness. The woman addressed the court directly, explaining that she had short-term memory problems that contributed to her missed court date.

O’Hara also emphasized the woman’s strong ties to the Burlington community. She grew up in the area and regularly visits her three children, who live with their grandmother.

The prosecution did not oppose the motion to strike bail.

Despite the lack of opposition, Judge Doherty expressed concern over the woman’s history of missed court dates and outstanding warrants. While he ultimately agreed to release her without bail, he characterized the decision as a “close call” given her previous record.

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  • Ava Pick

    Ava Pick is a third-year student at the University of Vermont, where she is pursuing a double major in Political Science and Psychological Science. Her thesis research focuses on the mental health of incarcerated women, reflecting her deep interest in how the criminal legal system affects individuals with mental health challenges. Ava is eager to gain firsthand insight into the everyday injustices of the system through her work with the People's Vanguard. After earning her Bachelor’s degree, she plans to attend law school. Ultimately, Ava aspires to advocate for mental health reform within the criminal legal system.

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