Sen. Norm McAllister's defense team, Brooks McArthur (left) and Dave Williams, discuss the senators upcoming trial on sexual assault charges with Deputy State's Attorney Diane Wheeler. Photo by Morgan True / VTDigger
Sen. Norm McAllister’s defense team, Brooks McArthur (left) and Dave Williams, discuss the senator’s upcoming trial on sexual assault charges with Deputy State’s Attorney Diane Wheeler. Photo by Morgan True / VTDigger

Updated: This story was updated at 8:27 a.m. May 7 with comment from McAllister.

[S]T. ALBANS — A judge has set June 15 as the date suspended state Sen. Norm McAllister, R-Franklin, is expected to stand trial for sexual assault charges stemming from alleged sexual abuse of a woman who worked as his Statehouse intern.

“No more continuances,” Superior Court Judge Robert Mello admonished the state’s attorneys and McAllister’s defense attorneys at a hearing Friday. The case was previously scheduled for jury draw next Tuesday, but both sides agreed to the delay citing difficulty scheduling depositions.

McAllister still faces additional charges for alleged sexual abuse of a woman who was living and working on the senator’s Highgate farm, as well as charges that he solicited sex from that woman’s former mother in-law. VTDigger does not identify alleged victims of sexual assault.

Mello granted a motion from McAllister’s defense attorney to have those charges heard at a separate trial that will occur sometime after the June trial, though no date was scheduled at the hearing Friday.

In total, McAllister faces three counts of sexual assault and three counts of a prohibited act. The former are felonies, which carry a maximum sentence of life in prison and up to $25,000 in fines.

The state’s charges broadly allege that McAllister coerced the woman working on his farm, and another woman who worked on the farm and as a paid intern in Montpelier, into unwanted sex in exchange for employment and housing.

Investigators first became aware of McAllister’s alleged sexual abuses when the mother-in-law approached state police telling them that McAllister was trying to extort sex from her in exchange for her son’s portion of rent on a trailer he was sharing with his ex-wife.

McAllister was arrested outside the Statehouse last year at almost exactly this time. He faced pressure from Franklin County residents and fellow Republicans to resign. When McAllister refused, the Senate stripped him of his committee assignments and later took the unprecedented action of suspending him from the body.

Norm McAllister
Sen. Norman McAllister, R-Franklin, returns to his seat in the Senate on the opening day of the Legislature. The Senate voted to suspend McAllister in January. File photo by Roger Crowley/VTDigger

The senator has maintained his innocence, even denying having sex with one of the alleged victims, an assertion his defense attorney Brooks McArthur has said he won’t make at trial. McArthur has said he will argue that the sex his client had with the alleged victims was consensual.

McAllister said Friday that he is likely to seek reelection and expressed frustration that his trial was delayed. 

“I’m going to file (candidacy papers) under the assumption that everything’s going to come out the way it should for me,” McAllister said in a voicemail left late Friday. 

He said he had hoped one of the trials would occur this month, before the May 26 candidate filing deadline. The delay, he said, is evidence that his case is being politicized.

“I’m a bit suspicious. You know, I guess I’ve been getting that way more so, because this turned into quite a political thing, and the fact that they conveniently put both of these (trials) off until after the filing date, well maybe it’s just coincidence,” McAllister said.

Deputy Franklin County State’s Attorney Diane Wheeler did not object during Friday’s hearing to having two separate trials. Wheeler told reporters afterward that McAllister’s motion was “legally warranted,” meaning statute gives him the right to have the charges heard separately.

Wheeler said her office has no intention of dropping charges related to McAllister soliciting the mother-in-law. The mother-in-law died last May. Wheeler said her office has not made a final decision as to whether it will file additional charges against McAllister.

The alleged victim who lived and worked on McAllister’s farm states in a civil lawsuit that McAllister coerced her into sex with another man who paid McAllister for the sex. Her civil suit is on hold until the criminal charges are settled.

McAllister had sought recently to have the woman evicted from the trailer on his property that she’d lived in since December 2012. McArthur said Friday that the woman had since moved out-of-state. Wheeler said she’s still in contact with the alleged victim, but could not confirm that she’d moved.

The woman’s attorney, Robert Backus, did not immediately return call attempting to confirm his client has left the trailer on McAllister’s farm.

 

Morgan True was VTDigger's Burlington bureau chief covering the city and Chittenden County.