[B]ENNINGTON — A Vermont judge has rejected a Bennington man’s bid to have his conviction on two counts of sexually assaulting a 12-year-old girl thrown out based on his argument he had inadequate legal representation.
A lawyer from the state Prisoners’ Rights Office had argued that Rusty Brooks, 42, was effectively denied a fair trial due to alleged errors made by his attorney, Lamar Enzor, of Rutland, during the 2011 proceeding.
But Judge John Valente of the Vermont Superior Court’s civil division, in a decision issued Friday, said he was “unpersuaded” that any alleged errors by Enzor resulted in unfair treatment of Brooks.
Brooks is serving a term of 25 years to life at the state prison in Newport. Bennington police arrested him in 2009.
The Vermont Supreme Court rejected an earlier appeal by Brooks in 2013, in which he had questioned whether his right against self-incrimination was violated during his initial police interview. He began his new legal effort in October of that year.
Brooks’ lawyers had argued that Enzor’s errors included failing to bring in an expert witness to testify about the tactics police used in interrogating Brooks, and failing to ask the judge to instruct the jury to consider whether Brooks’ statements to police had been fully voluntary.
The lawyers also argued Enzor failed “to call an available witness who would have testified to exculpatory statements by complainant.”
Enzor did not respond to messages seeking comment.
Bennington County Deputy State’s Attorney Alexander Burke, who defended the state’s position in the suit, said on Friday: “We think the court’s decision was well reasoned and thorough and we are hopeful this provides further closure for the victim.”
Defender General Matthew Valerio said Brooks could appeal the new decision to the Vermont Supreme Court, adding that whether he would do so “would be up to him.”
Valerio said recent changes in sentencing in Vermont were resulting in more sentences for sex crimes including penalties up to life in prison, which in turn were resulting in more petitions for post-conviction relief by his office.