8/2/2019 Letter From Kim Velk AAG.pdf - Adobe Acrobat
Professional
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~ Y E R M O N T._ . . . _ ,-.. OF HUMAN SERVIC
DEPARTMENT C>F D I S ~ u u . " " . L ~ ~ .h7rNG ANI
INDEPENDENT LIVINOCT 21 2011 Commissioner's O, 03 South Main
StSLEIGH AND GA,tik'lC rburY VT 05671-1
Voice/TTY 241-2Fax (802) 241-2
October 19, 2011David Sleigh, Esq.Sleigh &
Gary364Railroad'St, Suite E .St. Johnsbury, VT 05819-1688RE:
William Bennett-DocketNo. 2-12"11 LemhDear David, '. , . ':;-.' , :
:. ; ' ':
8/2/2019 Letter From Kim Velk AAG.pdf - Adobe Acrobat
Professional
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David Sleigh, Esq.October 19, 2011Page 2
program. I'd be happy to discuss with you the ramifications of
this position this but first I wanted tlayout the parameters of the
potential alternative resolution.The charges againstMi. Bennett
were dismissed without prejudice b ac k i n 2006 an d so could
be.reinstated. Under this agreement, your client would not
challenge his competency. CaledoniaState'uttorney Lis.a.Warren ( !
l s o ~ s i g n a t o r y . t o . t h i s J e t t e r ) w o u i d r
e i n s t a t e . t h e . o r i g i n a 1 J \ \ ' 0 _ c 9 u n t s .
. o L&L and your client would plead guilty and be offered a
probationary sentence to include, inaddition to the standard
conditions ofprobation, the following terms:Three months to four
years, all suspendedwith probation;Continue current
therapy;Participate in sex offender therapy with a licensed
psychologist or psychiatrist qualified to providesex offender
treatment as approved by his probation officer;No contact with
victim;No unsupervised contact with children under sixteen or
vulnerable adults.If your client elected to go down this path, the
Department would agree to withdraw its pendingpetition for
continuing his Act 248 custody and move to terminate the existing
order as soon as heenters his plea. This offer stands for a period
of two weeks until November 9, 2011. Note: thisoffer is only good
if your client agrees to a plea deal. This is no t an o ff er t o r
eo pe n t h ecriminal case fo r th e purpose of bringing th e
criminal case through trial.
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Ifhe does not want to return to district court to resolve the
case with a plea as outlined above theannual review process in
which the Department has recommended continued Ac t 248 custody
willcontinue. This process has been much delayed this year by the
unsuccessful habeas corpus petitionfiled by your client last
winter. As you know, it is set for a status conference on November
andshould be put back on track at that time.Please don't hesitate
to give me or Lisa a call if you have questions.
Sincerely,~ A v ~Ki m Velk, AA G L- l t , W"I'('elJ\. W"( It
