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OF HUMAN SERVICES
DEPARTMENT C>F .h7rNG ANI INDEPENDENT LIVING
OCT 21 2011 Commissioner's Office
, 03 South Main Street
SLEIGH AND GA,tik'lC rburY VT 05671-1601
Voice/TTY 241-2401
Fax (802) 241-2325
October 19, 2011
David Sleigh, Esq.
Sleigh & Gary
364Railroad' St, Suite E .
St. Johnsbury, VT 05819-1688
RE: William Bennett-DocketNo. 2-12"11 Lemh
Dear David,
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I got' YOUrrtol1ceof appearance in the above-referenced matter lastweek.: IaSsunie it means that
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I don't know howmuch time you have had to come up to speed on this case. Your client and his
have ph1:>ii6lymadestatements that he would prefer go through a criminal process than
coritinue iIi. Act 248. This ietter contains an offer that would allow liiin to do so. "
As you may know, your client waS initially committed to Act 248 in 2006 on the basis that he was
not competent to stand trial by reason ofhis mental retardation. He had been charged with two
counts of Lewd and Lascivious Conduct in Caledonia District Court in State v. William Bennett,
293-4-06 Cacr, ,'"
competency perfonned in connection V1iiththe case:'oI1e by Paul eotton,c-
M.D., dated May 17, 2006, which opined that your client was competent to stand trial, and another
secured bydefense counsel, Doug Willey, Esq and conducted by Patricia Stone, Ph.D., dated July'
25, 2006; which opinedtb.at he was riot competent tOstaridtiial. ': c,,' ,', ' , , .: . c' C " '.,
ThencState's-attomey Bob Butterfield and Doug Willey stipula.tedto incompetence. The record of
the criminal case shows that the State agreed to a finding of incompetency based on "Mr. Bennett's
willingness to participate in the Safe Choices programpursuant to. '. .; Chapter 206 of Title 18, ...
colloquiall
y
krio\WilsAct248." '.' ' ',", """,' "
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Mr. Bennett was duly committed to custody ofthe Commissioner ofDAIL and has been in Act 248
sfuce'plen.A.s'You 'anlU:o doubt aware, Mr. Bennett is now refusing categorically to participate in
treaini:entor even tocil'k With anyorie on'the trelitmentteam without 1llsiawy'er pn:sent.T!iis is a
completely untenable situation and one which can only result in dooming his efforts to leave the
Disability and Aging Services
Licensing and Protection
Blind and Visually Impaired
Vocational Rehabilitation
David Sleigh, Esq.
October 19, 2011
Page 2
program. I'd be happy to discuss with you the ramifications ofthis position this but first I wanted to
layout the parameters of the potential alternative resolution.
The charges against Mi. Bennett were dismissed without prejudice back in 2006 and so could be.
reinstated. Under this agreement, your client would not challenge his competency. Caledonia
State'uttorney Lis.a.Warren _
L&L and your client would plead guilty and be offered a probationary sentence to include, in
addition to the standard conditions ofprobation, the following terms:
Three months to four years, all suspended with probation;
Continue current therapy;
Participate in sex offender therapy with a licensed psychologist or psychiatrist qualified to provide
sex 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 pending
petition for continuing his Act 248 custody and move to terminate the existing order as soon as he
enters his plea. This offer stands for a period oftwo weeks until November 9, 2011. Note: this
offer is only good if your client agrees to a plea deal. This is not an offer to reopen the
criminal case for the purpose of bringing the criminal case through trial.
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If he does not want to return to district court to resolve the case with a plea as outlined above the
annual review process in which the Department has recommended continued Act 248 custody will
continue. This process has been much delayed this year by the unsuccessful habeas corpus petition
filed by your client last winter. As you know, it is set for a status conference on November and
should be put back on track at that time.
Please don't hesitate to give me or Lisa a call if you have questions.
Sincerely,

Kim Velk, AAG
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Lisa Warren,
Caledonia County State's Attorney