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Spotlight on Vermont: Brooke Bennett & Jessica's Law
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by Rhonda J Mangus | July 7, 2008 at 02:32 am
1546 views | 11 Recommendations | 21 comments
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UPDATE: 7/08/08 2:53 am EST
Public outrage over the death of Brooke Bennett has the residents of Vermont circulating petitions to get Jessica's Law on individual town's November ballots. Other than indicating that the forms must be returned to each town's clerk by September 15th, no further details are available.
Read the notice here: http://www.fox44.net/Global/story.asp?S=8630361
State Senator Dick Sears, a Democrat from Bennington, Vermont, and Chairman of the Senate Judiciary Committee has apparently received "dozens of emails" blaming the State of Vermont for Brooke Bennett's death. The 12 year olds' body was discovered this past Wednesday, one week after she was last seen with her uncle, Michael Jacques, at a convenience store in Randolph, VT. Jacques, a convicted sex offender, has since been arrested on charges of kidnapping Brooke, and on charges of aggravated sexual assault against another minor child. No one has been charged with murdering Brooke, and prosecutors in the case must wait for autopsy results to determine how Brooke died before proceeding with any possible additional charges against Jacques.
Vermont is one of 10 states that has failed to enact Jessica's Law, a 2005 Florida law designed to punish sex offenders and reduce their ability to re-offend. The law is named after Jessica Lunsford and was enacted due to the public's outrage over Jessica's death. Jessica was raped and murdered in Florida, in 2005, by John Couey, a previously convicted sex-offender.
Among the key provisions of the law is a 25 year mandatory sentence apparently objected to by most State of Vermont prosecutors and one of the reasons Vermont's Legislature has not moved to pass Jessica's Law. The law however has a serious loop-hole in that it does not require released sex offenders who are homeless to register with a state's Sex Offender Registry.
Sears claims now that "Rushing to pass Jessica's Law is not the answer,...".
"I can't tell you how frustrating it is to hear Jessica's Law, as if that would have prevented this," he said. "We look for simple fixes to solve really complex and troubling changes in our society."
House Speaker and Democratic gubernatorial candidate Gaye Symington said she too is opposed to the 25-year mandatory minimum sentence in Jessica's Law.
"When we looked at the question of long, mandatory sentences we found that the result was less safe communities. I know it sounds counterintuitive, but offenders aren't as likely to plea," Symington said. "They won't admit to the crime. These crimes are hard to prove because there are rarely any witnesses. The end result is that these criminals go free. They are not on the sex offender registry."
Sears said he rejects the notion that the state is lenient with sex offenders. Since 2004, several laws have been passed to strengthen penalties and better protect children.
"We've passed a lot of bills to try to deal with this problem," he said. "Most of them are either stronger than most states or we're along with them."
Vermont laws now require offenders who refuse treatment while incarcerated and have been convicted of certain offenses to check in with the Department of Corrections every 30 days after being released from prison.
In addition, the offender must notify the state prior to any change in residency, prior to enrolling in or separating from a post-secondary educational institution, within one day of any change in a place of employment and register any car operated by the offender prior to driving it.
In 2006, a law was passed placing a presumptive 10-year minimum sentence. Any sentence less than five years would require a judge to state on the record why the offender's sentence was reduced.
But Vermont does not have a 25-year mandatory sentence for sex offenses, which is the backbone of Jessica's Law, critics complain.
One reason the state has not moved to the 25-year minimum sentence is because most prosecutors have opposed it.
They say a 25-year minimum would lead to more court trials and more witnesses having to take the stand. Many of those cases could be lost because of shaky witnesses, allowing offenders to go free, without supervision, they argue.
Gibbs said laws that were in place at the time Jacques was convicted as a sex offender were not sufficiently enforced.
The Department of Corrections had suggested that Jacques not be put on parole, but Orange County District Court Judge Amy Davenport used her "discretion" to release him, he said.
"In this particular case it is the judicial system that failed Brooke Bennett. There is just no reason why an individual like Mr. Jacques ... should have spent only four years in jail," Gibbs said. "The most important public policy evaluation that must be done, from the governor's point of view, is to determine what steps future legislatures can take to prevent the judiciary from failing another young Vermonter in the future."
Had Jacques been convicted after the new laws were enacted in 2006, he would have faced the 10-year presumptive minimum sentence, Sears said.
"A lot has changed since he was convicted, obviously," Sears said.
Sears said he has spoken with Lt. Gov. Brian Dubie about the case, and plans to meet with Dubie to review the state's laws.
"We're going to try to meet next week and sit down and review Vermont's laws and see where we should be making improvements," Sears said. "It's looking at what makes sense and what you can get through a legislative body. It was like pulling teeth to get any mandatory minimum sentence."
Gibbs said Douglas expects elements of Jessica's Law, even the 25-year minimum sentence, to be on the table.
"He is open to having this discussion with the Legislature and with prosecutors. Ultimately, Vermont has to come to an agreement on whether those mandatory minimums are the most effective way to prosecute and punish sex offenders," Gibbs said.
See related NP stories here:
http://www.nowpublic.com/world/brooke-bennett-time-line-events
http://www.nowpublic.com/world/brooke-bennett-found-dead-uncle-main-suspect-obstructed-justice
(Correction: Sex Offenders who register with a state's Sex Offender Registry as homeless are not required to give an address).
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Rhonda J Mangus
North Tonawanda, New York, United States
Most RecentMost Recommended Comments (21)
at 04:36 on July 7th, 2008
Ifcastro, thanks for the Flag! I am very concerned about the loophole in this law and hope that something is done soon to close it.
at 04:56 on July 7th, 2008
The law works in all the others states, yes there is a loophole but ALL laws have loopholes. They can Amend the law but I can't see where it needs Amending. ANY person even if it is the first time molesting a child should get 25 to life! If these people were victims of molestation they wouldn't be saying the law has a loophole. Until you are or you know someone who has been molested you would see the law different.
at 13:09 on July 10th, 2008
Brian Dubie and Governor Douglas have no idea what being raped means to a child.
This is the ultimate crime against children. I am 69 years old, and still suffer from depression, and
phobias from the rapes I indured as a child. There is no cure for this suffering. Just as there is no
a cure for a pedephil.
I agree with CJaye. 25 years to life.
at 05:09 on July 7th, 2008
CJaye, thank you for your comments. Unfortunately, I beg to differ with you here: "They can Amend the law but I can't see where it needs Amending." The fact that convicted sex offenders are being released back into society with no known or permanent address, and are not required to provide one to a state's Sex Offender Registry (those who have enacted Jessica's Law) if they register as homeless, deserves questioning. This practice clearly puts the public at risk, is a dangerous situation and, needs to be addressed now.
at 05:11 on July 7th, 2008
Also the sex offenders who do register with a state sex offenders registry do have to check in even if they are homeless. If they don't check in some states they have a Task Force to look for them. I have a link I would like for you to read this is a story about a sex offender registrar and she deals with offenders on a daily basis.
http://www.nowpublic.com/world/letter-peg-meredith-sex-offender-registrar
at 05:31 on July 7th, 2008
I'm sorry you must have misunderstood what I was saying somehow? I agree with fact that if the homeless not giving addresses. As a child of molestation myself I can tell you better than anyone this needs to fixed. Do you know how many homeless pediphiles there are in the US? Quite frankly I be afraid of the molester who lives next door than a homeless person. A homeless person can't invite you to his house to molest you. How many homeless people have you heard that molest? I'll get back to you with the stats, I'm know stats will show that most pediphiles are friends, neighbors, family members people you know not homeless people.
at 05:21 on July 7th, 2008
CJaye, thank you for your additional comments and the link.
at 05:32 on July 7th, 2008
Hi CJaye, we apparently posted our comments at the same time. I am glad that you agree. I do not know how many homeless sex offenders are living in the United States. I do know however that if the number is only one, a sex offender who "claims to be homeless" to avoid providing an address to a Sex Offender Registry is cause for concern and, again, a dangerous practice that is apparently allowed to continue. Why?
at 06:13 on July 7th, 2008
P.S. CJaye, in other words, why are convicted sex offenders being released back into society assuming it is known they face homelessness once released, and knowing they would not be required to give an address if registering as "homeless". Also, and contrary to your belief, "homeless" individuals are very difficult to track and/or locate, and every law enforcement agency has its priorities.
Nevertheless, I think this is a good time for Vermont to take a closer look at Jessica's Law, make amendments to existing law, where necessary, then implement Jessica's Law. Jacques (who I believe was not "homeless") had prior convictions of kidnapping and aggravated sexual assault (not related to Brooke). If he had been convicted under Jessica's Law then, I believe he would still be in prison and, perhaps, Brooke would be alive today.
at 06:31 on July 7th, 2008
I agree with 100%
at 06:33 on July 7th, 2008
They shouldn't be released!
at 08:53 on July 7th, 2008
Rhonda, once again, very good stuff. Sex offenders must not be turned loose too quickly, and yes, they must be monitored thereafter.
Even in my small town, I was astonished one day when I went on our police department's sex offenders webpage and saw how many were here. At least around here they make that information as public as they can.
This is a creepy and horrible tragedy. And it points out why crying over people in jail for heinous crimes overlooks the evil that they do.
at 14:17 on July 7th, 2008
Hi PEP, thank you for your comments, compliment, and the FLAG! It is a horrible tragedy that, again, may have been prevented if Jessica's Law was in place for the earlier conviction. I can only wonder what the Judge was thinking then to release Jacques early in light of it all. Pedophiles cannot be rehabilitated, are dangerous, and the sooner those who are responsible for passing legislation come to terms with this, and then act to pass appropriate legislation, the safer our children will be. Thanks again!
at 13:06 on July 7th, 2008
I live in Vermont and my daughters are the victim of a sexual predator, never convicted ....but I have since found out that he has been brought up on charges in the past in different states. I was told a few weeks ago that if he confessed he would probably get probation , have to complete the sex offender treatment program( which obviously doesn't work ....look at Brooke !) and register as a sex offender. I am furious over this possible sentence. Right now he is fighting this fight that he claims he has to .... rather than making this easier on his own daughters !!!! If I had any idea that he had even been charged HE WOULD NOT HAVE BEEN A PART OF HIS DAUGHTER'S LIFE!!! Oh did I add in there that he has 5 victims in the state of Vermont alone? And charged with all 5.
Also he walks the streets..... they released him on "conditions" which are not monitored or followed... I was told by an officer when I reported that my ex was working around children ( one of the conditions) " What do you want me to do , they guy has got to work ".
I was furious when my children were violated and am even more infuriated that the state of Vermont is NOT willing to do anything more to protect our children. I know as a parent ANY man that comes into my life from this day forward will have a criminal back ground check done on them ....it's worth ANY amount of money it might cost me.
My question to the state of Vermont is .....HOW MANY BROOKE BENNETT'S DOES THERE HAVE TO BE BEFORE WE WAKE UP AND PROTECT THE KIDS HERE ? NO CHILD SHOULD HAVE TO ENDURE BEING VIOLATED OR FEAR IN ANY WAY FOR THEIR LIFE!!!
at 14:33 on July 8th, 2008
Thank you for your comments.
at 12:09 on July 8th, 2008
That's a nasty one. I saw the Amber alert broadcast on WVNY when she first disappeared, the first time Vermont ever issued such an alert. It's unfortunate it ended so tragically.
at 12:10 on July 8th, 2008
Rhonda J Mangus, I like this story. It's good stuff.
at 14:25 on July 8th, 2008
Hi johnjan99ca, thank you for your comments and the Flag.
at 18:01 on July 24th, 2008
Using the excuse that sex offenders won't confess with a 25 year sentence is just that, an excuse. Most of the time these people don't confess any ways. DNA doesn't need any other wintesses if the crime is reported properly.
What we need to do is make sure to up the amount of education that children are getting about sexual preditors and make sure they understand to report it right away. We also need to keep these "people" (if they even deserve that designation) off the streets. There is no reform for someone like Jacques. He was sexually abusing people since he was 11!!
I will be bringing that petition around for sure. I want to see laws that will protect my child as well as all children, and keep as many creeps away from her as possible.
As for the homeless loop hole. I admit ignorance to what kind of laws can be made, but why can't they just make the condition that they must have an address and NOT be homeless in order to be set free? If they become homeless concider that breaking the parole agreement and send them back to jail! They don't deserve a second, thrid, and more chances to hurt or possibly kill another person.
at 04:31 on July 28th, 2008
momiji, thank you for your comments,. I am glad that you will be circulating/signing the Petition, and agree that children must be well-educated on this matter -- providing them with age-appropriate information. Thank you for raising the "loop-hole" in Jessica's Law too. It is my greatest concern at the moment, and I think your suggestion is excellent, yet one that I do not think will solve this problem in its entirety. It is clearly the case that sexual predators (pedophiles) cannot be rehabilitated. Their's is a sexual preference for children and, as I have said before, until this fact is well-understood, the law as it now stands does little to protect or prevent from assault upon our children the horrific and deadly affects of these predators. Thank you again!
at 05:23 on July 28th, 2008
Here is a link to TopTenREVIEWS that offers tips on, among other things, Protecting Our Children From Sexual Predators, Bureau of Justice Statistics, and a side-by-side comparison of state's sex offender registry http://sex-offender-registry-review.toptenreviews.com/protecting-our-children-from-sexual-predators.html