BURLINGTON, VT – An accused woman who previously had failed to appear in court multiple times was released on her own recognizance from jail here after a bail review hearing at Chittenden County Superior Court last Friday when it was revealed the accused’s cell phone was stolen from an emergency shelter and the accused could not contact counsel.
A $10,000 arrest warrant had been issued after the accused’s latest failure to appear. Judge Michael J. Harris described these failures as an “ongoing issue” and said that the accused’s outstanding cases, some of which date back over a year, “should have been up for pretrial long ago.”
Deputy District Attorney Kelton Olney described the accused’s absences as “a difficult situation that we see all too often,” and suggested remanding the accused into custody in jail might be the only way to ensure that she would appear in court.
“What else are we supposed to do?” Judge Harris asked, addressing the defense.
Deputy Public Defender Sarah Varty represented the accused, whose previously assigned public defender was not present.
DPD Varty noted the court had not previously had effective means of contacting the accused, who has been unhoused and is currently staying in the emergency shelters downtown that are commonly called “the pods.”
DPD Varty told the court the accused had lost multiple cell phones to theft and currently did not have a phone, and mental health struggles made it more difficult to recall something like a court date.
“You or I might be able to slap (a court date) on the refrigerator in our home,” DPD Varty said, addressing Judge Harris. “But that’s not the case for (the accused).”
DPD Varty added multiple new ways of contacting the accused, including through family and various outreach programs, had been newly established.
Judge Harris asked whether the accused could keep a cell phone secured in the pod, and the accused then described “an ongoing issue with people going into other people’s pods and stealing.”
When asked by the judge whether the pods could lock, the accused explained there had been an issue with the locking system that allowed them to be easily broken into.
The accused also described difficulties communicating with the assigned public defender, even with access to a cell phone, stating, “I keep in contact with him, but he doesn’t do a very good job keeping in contact with me.”
Ultimately, Judge Harris decided that the accused would be released, ruling, “I think I’m going to take a chance on you. I think some other judges, some of my colleagues, might hold you. But I’m going to take a chance on you. I’m very disappointed to hear that they don’t have the pods in a state where they’re secure.”
DDA Olney did not object but did ask the pretrial be set for as soon as possible. Judge Harris agreed, and the hearing was scheduled for July 19.
